Civil Execution Act Act No. 4 of 1979...

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この民事執行法の翻訳は，平成十九年六月二十七日法律第九十五号までの改正（平成２０年１２月１日施行）について「法令用語日英標準対訳辞書（平成２０年３月版）に，」準拠して作成したものです。なお，この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自体であり，翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴って発生した問題について，一切の責任を負いかねますので，法律上の問題に関しては，官報に掲載された日本語の法令を参照してください。This English translation of the Civil Execution Act has been prepared up to the revisions of Act No.(

95 of 2007 Effective December 1, 2008 in compliance with the Standard Bilingual Dictionary( ))

March 2008 edition .This is an unofficial translation. Only the original Japanese texts of laws and( )

regulations have legal effect, and translations are to be used solely as reference material to aid in theunderstanding of Japanese laws and regulations.The Government of Japan will not be responsible forthe accuracy, reliability or currency of the legislative material provided on this Website, or for anyconsequence resulting from use of the information on this Website. For all purposes of interpretingand applying the law to any legal issue or dispute, users should consult the original Japanese textspublished in the Official Gazette.

( )Civil Execution Act Act No. 4 of 1979

( )Chapter I General Provisions Article 1 to Article 21Chapter II Compulsory Execution

( )Section 1 General Provisions Article 22 to Article 42Section 2 Compulsory Execution for a Claim for Payment of MoneySubsection 1 Compulsory Execution against Real Property

( )Division 1 General Rules Article 43 and Article 44( )Division 2 Compulsory Auction Article 45 to Article 92

( )Division 3 Compulsory Administration Article 93 to Article 111Subsection 2 Compulsory Execution against a Vessel Article 112 to(

)Article 121Subsection 3 Compulsory Execution against Movables Article 122 to(

)Article 142Subsection 4 Compulsory Execution against a Claim and any Other

Property Right( )Division 1 Execution against a Claim, etc. Article 143 to Article 167

Division 2 Execution against a Claim Relating to an Action on Small( )Claim Article 167-2 to Article 167-14

Subsection 5 Special Provisions on Compulsory Execution for a MonetaryClaim pertaining to Duty to Support, etc. Article 167-15 to(

)Article 167-16Section 3 Compulsory Execution for a Claim not Intended for Payment of

( )Money Article 168 to Article 179Chapter III Auction, etc. for Exercise of a Security Interest Article 180 to(

)Article 195

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( )Chapter IV Property Disclosure Procedure Article 196 to Article 203( )Chapter V Penal Provisions Article 204 to Article 207

Chapter I General Provisions

( )Article 1 PurposeCompulsory execution, an auction for exercise of a security interest, an auction for

the purpose of a realization under the provisions of the Civil Code Act No. 89 of(

1896 , the Commercial Code Act No. 48 of 1899 or any other Acts, and disclosure) ( )

of property by obligors hereinafter collectively referred to as "civil execution" shall( )

be governed by the provisions of this Act in addition to the provisions of other lawsand regulations.

( )Article 2 Executive AgencyCivil execution shall be carried out by a court or a court execution officer upon

petition.

( )Article 3 Execution CourtFor civil execution carried out by a court, the execution court shall be the court

that is to make a disposition of execution pursuant to the provisions of this Act, andfor a disposition of execution made by a court execution officer, the execution courtshall be the district court to which the court execution officer belongs.

( )Article 4 Optional Oral ArgumentA judicial decision by an execution court may be made without going through oral

argument.

( )Article 5 InterrogationAn execution court may, if it finds it to be necessary when making a disposition of

execution, interrogate persons having an interest or other witnesses.

( )Article 6 Ensuring the Performance of Duties by a Court Execution Officer1 A court execution officer may, if he/she faces resistance when performing his/her( )

duties, use force or request police assistance in order to eliminate such resistance;provided, however, that this shall not apply to performance of duties based on theprovisions of Article 64-2 5 including the cases where it is applied mutatis( ) (

mutandis pursuant to Article 188 .)2 A person other than a court execution officer who performs duties concerning( )

civil execution pursuant to an order by the execution court may, if he/she facesresistance when performing his/her duties, request assistance from a court

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execution officer.

( )Article 7 ObserverWhen a court execution officer or a person who performs duties concerning civil

execution pursuant to an order by the execution court hereinafter referred to as a(

"court execution officer, etc." , in performing his/her duties by entering a person's)

residence, is unable to meet the residence owner or the residence owner's agent, or arelative, employee or any other worker living together who has reasonable discretion,he/she shall have the attendance of an official of the municipality, a police official orother person who is found to be reasonable as a witness. The same shall apply whena court execution officer uses force or receives police assistance pursuant to theprovisions of paragraph 1 of the preceding Article.( )

( )Article 8 Execution on a Holiday or at Night1 In order for a court execution officer, etc. to perform his/her duties by entering a( )

person's residence on a Sunday or on any other general holiday or any time fromseven o'clock in the evening to seven o'clock the following morning, he/she shallobtain the permission of the execution court.2 When executing his/her duties, a court execution officer, etc. shall present a( )

document proving that he/she has obtained permission pursuant to the provisionsof the preceding paragraph.

( )Article 9 Carrying an Identification Card, etc.In cases of executing his/her duties, a court execution officer, etc. shall carry a

document proving his/her status or qualifications and present it when so requestedby any person having an interest.

( )Article 10 Appeal against a Disposition of Execution1 An appeal against a disposition of execution may be filed against a judicial( )

decision relating to a civil execution procedure, only in cases where there arespecial provisions allowing such filings.2 An appeal against a disposition of execution shall be filed by submitting a( )

petition for appeal to the court of prior instance within an unextendable period ofone week from the day on which a notice of a judicial decision has been received.3 When the reasons for an appeal against a disposition of execution are not stated( )

in a petition for appeal, the appellant shall submit a written statement of reasonsfor the appeal against a disposition of execution to the court of original instancewithin one week from the day on which the petition for appeal has been submitted.4 The reasons for an appeal against a disposition of execution shall be stated( )

pursuant to the provisions of the Rules of the Supreme Court.

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5 When any of the following items applies, the court of original instance shall( )

dismiss an appeal against a disposition of execution:i When the appellant has failed to submit a written statement of reasons under( )

( )the provisions of paragraph 3ii When the statement of reasons for the appeal against a disposition of( )

execution is apparently in violation of the provisions of the preceding paragraphiii When it is apparent that the appeal against a disposition of execution is( )

unlawful and such defect cannot be correctediv When the appeal against a disposition of execution has been filed for the( )

purpose of unreasonably delaying a civil execution procedure6 A court of appeal may, until the judicial decision on an appeal against a( )

disposition of execution becomes effective, order a stay of execution of the judicialdecision of prior instance or a stay of all or part of a civil execution procedure whilerequiring or not requiring provision of security or order continuation of suchexecution or procedure while requiring provision of security. While the record ofthe case still exists at the court of prior instance, the court of prior instance mayorder such dispositions.7 An appellate court shall investigate only the reasons stated in the petition for( )

appeal or the written statement of reasons for the appeal against a disposition ofexecution; provided however, that it may, by its own authority, investigate anyviolation of laws and regulations or the presence or absence of any error of factthat would affect the judicial decision of prior instance.8 An appeal against a disposition of execution may be filed against an order under( )

the provisions of paragraph 5 .( )

9 No appeal may be entered against an order under the provisions of paragraph( )

6 .( )

10 The provisions of Article 349 of the Code of Civil Procedure Act No. 109 of( ) (

1996 shall apply mutatis mutandis to cases where a judicial decision against)

which an appeal against a disposition of execution may be filed has become finaland binding.

( )Article 11 Objection to a Disposition of Execution1 Against any disposition of execution by an execution court against which an( )

appeal against a disposition of execution may not be filed, an objection to adisposition of execution may be filed with the execution court. The same shallapply to any disposition of execution by a court execution officer and any delay ornegligence thereof.2 The provisions of the first sentence of paragraph 6 of the preceding Article( ) ( )

and paragraph 9 of said Article shall apply mutatis mutandis to cases where( )

there is a filing under the provisions of the preceding paragraph.

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Article 12 Appeal against a Disposition of Execution Filed against a Rescission(

)Order, etc.1 An appeal against a disposition of execution may be filed against an order to( )

rescind a civil execution procedure. The same shall apply to a judicial decision todismiss an objection to a disposition of execution filed against a court executionofficer's disposition to rescind a civil execution procedure or to an order to theeffect that a court execution officer should rescind a civil execution procedure.2 A judicial decision against which an appeal against a disposition of execution( )

may be filed pursuant to the provisions of the preceding paragraph shall not beeffective until it becomes final and binding.

( )Article 13 Agent1 A person other than one who is able to serve as counsel pursuant to the( )

provisions of Article 54 of the Code of Civil Procedure may, with regard toprocedures with an execution court excluding those relating to an action or anappeal against a disposition of execution, serve as an agent by obtaining thepermission of the execution court.2 An execution court may rescind the permission set forth in the preceding( )

paragraph at any time.

( )Article 14 Prepayment of Expenses, etc.1 When filing a petition for civil execution with an execution court, the petitioner( )

shall prepay the amount specified by a court clerk as the expenses necessary forthe civil execution procedure. The same shall apply to cases where there is ashortfall in the prepaid expenses and the court clerk has ordered prepayment ofsuch shortfall by specifying a reasonable period of time.2 Against a disposition by a court clerk under the provisions of the preceding( )

paragraph, an objection may be filed with the execution court within anunextendable period of one week from the day on which a notice thereof has beenreceived.3 A disposition by a court clerk under the provisions of paragraph 1 shall not be( ) ( )

effective until it becomes final and binding.4 When a petitioner fails to prepay expenses, an execution court may dismiss the( )

petition for civil execution or rescind the civil execution procedure.5 An appeal against a disposition of execution may be filed against an order to( )

dismiss a petition pursuant to the provisions of the preceding paragraph.

( )Article 15 Provision of Security1 Security shall be provided pursuant to the provisions of this Act by making a( )

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statutory deposit of money or securities including book-entry transfer company(

bonds, etc. prescribed in Article 129 1 of the Act on Book-Entry Transfer of( )

Company Bonds, etc. Act No. 75 of 2001 that are found to be reasonable by the[ ])

court that has ordered the provision of security hereinafter referred to as the(

"court issuing the order" in this paragraph to an official depository within the)

jurisdictional district of the district court having jurisdiction over the location ofthe court issuing the order, or by any other method specified by the Rules of theSupreme Court; provided, however, that if the parties concerned have made aspecial contract, such contract shall prevail.2 The provisions of Article 77, Article 79 and Article 80 of the Code of Civil( )

Procedure shall apply mutatis mutandis to the security set forth in the precedingparagraph.

( )Article 16 Special Provisions on Services1 A person who has filed a petition, made an offer or given notification to an( )

execution court or has received a service of a document from an execution courtwith regard to a civil execution procedure shall notify the execution court of theplace where the service is to be received limited to a place in Japan . In this case,( )

such person may also notify the execution court of the designated service recipient.2 The provisions of Article 104 2 and 3 and Article 107 of the Code of Civil( ) ( ) ( )

Procedure shall apply mutatis mutandis pursuant to the cases set forth in the firstsentence of the preceding paragraph.3 A service upon a person who has not given notification under the provisions of( )

the first sentence of paragraph 1 excluding the person prescribed in Article 104( ) (

3 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the( )

preceding paragraph shall be made at such person's domicile, residence, business)

office or office that is indicated in the record of the case.4 In cases where a service is to be made under the provisions of the preceding( )

paragraph, if it is not possible to make the service pursuant to the provisions ofArticle 106 of the Code of Civil Procedure as applied mutatis mutandis pursuant toArticle 20, a court clerk may send the document to the domicile, residence,business office or office set forth in said paragraph by registered mail or services ofcorrespondence delivery prescribed in Article 2 2 of the Act on Correspondence( )

Delivery by Private Business Operators Act No. 99 of 2002 that are provided by( )

a general correspondence delivery operator prescribed in paragraph 6 of said( )

( )Article or specified correspondence delivery operator prescribed in paragraph 9of said Article, which are specified by the Rules of the Supreme Court as services

( ) ( )equivalent to registered mail. In this case, the provisions of Article 107 2 and 3of the Code of Civil Procedure shall apply mutatis mutandis.

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( )Article 17 Inspection, etc. of the Record of a CaseWith regard to civil execution carried out by an execution court, a person having

an interest may make a request to a court clerk for the inspection or copying of therecord of a case, issuance of an authenticated copy, transcript or extract of suchrecord, or issuance of a certificate of matters concerning said case.

( )Article 18 Request to a Government Agency, etc. for Assistance, etc.1 When it is necessary for civil execution, an execution court or court execution( )

officer may make a request to a government agency or public office for assistance.2 In the case prescribed in the preceding paragraph, an execution court or court( )

execution officer may make a request to the government agency or public officewith jurisdiction for issuance of a necessary certificate with regard to a tax orpublic charges imposed on the property that is the subject matter of civil executionwhen the property is land, it shall include any building built on such land, and(

when the property is a building, it shall include the building site .)3 The provisions of the preceding paragraph shall apply mutatis mutandis to cases( )

where a person who intends to file a petition for civil execution needs thecertificate set forth in said paragraph for the purpose of filing such petition.

( )Article 19 Exclusive JurisdictionThe court jurisdiction prescribed in this Act shall be exclusive jurisdiction.

( )Article 20 Application Mutatis Mutandis of the Code of Civil ProcedureExcept as otherwise provided for, the provisions of the Code of Civil Procedure

shall apply mutatis mutandis to civil execution procedures.

( )Article 21 Rules of the Supreme CourtIn addition to what is provided for in this Act, necessary matters concerning civil

execution procedures shall be specified by the Rules of the Supreme Court.

Chapter II Compulsory Execution

Section 1 General Provisions

( )Article 22 Title of ObligationCompulsory execution shall be carried out based on any of the followinghereinafter referred to as the "title of obligation" :( )

i A final and binding judgment( )

ii A judgment with a declaration of provisional execution( )

iii A judicial decision against which an appeal may be entered only by filing an( )

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appeal against ruling in the case of a judicial decision that is not effective until(

it becomes final and binding, it shall be limited to one that is already final and)binding

iii -2 An order of compensation of damages with a declaration of provisional( )

executioniv A demand for payment with a declaration of provisional execution( )

iv -2 A disposition by a court clerk specifying court costs or the amount of the( )

burden of costs for settlement or a disposition by a court clerk determining theexecution costs and the amount of money to be returned prescribed in Article 424 in the case of the latter disposition, it shall be limited to one that is already( ) (

)final and bindingv A notarial deed prepared by a notary with regard to a claim for payment of a( )

certain amount of money or any other fungible thing or a certain amount ofsecurities, which contains a statement to the effect that the obligor willimmediately accept compulsory execution hereinafter referred to as an(

)"execution deed"vi A judgment of a foreign court for which an execution judgment has become( )

final and bindingvi -2 An arbitral award for which an execution order has become final and( )

bindingvii A document that has the same effect as a final and binding judgment( )

( ( ))excluding the judicial decision set forth in item iii

Article 23 Scope of Persons against or for Whom Compulsory Execution may be(

)Carried Out1 Compulsory execution based on a title of obligation other than an execution deed( )

may be carried out against or for any of the following persons:i A party concerned indicated in the title of obligation( )

ii In cases where a party concerned indicated in the title of obligation has( )

become a party concerned on behalf of another person, such other personiii A person who became the successor of either of the persons set forth in the( )

preceding two items after the establishment of the title of obligation in cases of(

the title of obligation set forth in item i , item ii or item vi of the( ) ( ) ( )

preceding Article, the successor after the conclusion of oral argument, and incases of the title of obligation set forth in item iii -2 of said Article or the title( )

of obligation set forth in item vii of said Article which relates to an order of( )

)compensation of damages, the successor after the conclusion of the proceedings2 Compulsory execution based on an execution deed may be carried out against or( )

for a party concerned indicated in the execution deed or the successor of such partyconcerned after the preparation of the execution deed.

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3 Compulsory execution based on the title of obligation prescribed in paragraph( )

1 may also be carried out against a person who possesses the subject matter of( )

the claim on behalf of any of the persons listed in the items of said paragraph.

( )Article 24 Execution Judgment for a Judgment of a Foreign Court1 An action seeking an execution judgment for a judgment of a foreign court shall( )

be under the jurisdiction of the district court having jurisdiction over the locationof the general venue of the obligor, and when there is no such general venue, itshall be under the jurisdiction of the district court having jurisdiction over thelocation of the subject matter of the claim or the seizable property of the obligor.2 An execution judgment shall be made without investigating whether or not the( )

judicial decision is appropriate.3 The action set forth in paragraph 1 shall be dismissed without prejudice when( ) ( )

it is not proved that the judgment of a foreign court has become final and bindingor when such judgment fails to satisfy the requirements listed in the items ofArticle 118 of the Code of Civil Procedure.4 An execution judgment shall declare that compulsory execution based on the( )

judgment by a foreign court shall be permitted.

( )Article 25 Implementation of Compulsory ExecutionCompulsory execution shall be implemented on the basis of an authenticated copy

of the title of obligation attaching a certificate of execution; provided, however, thatcompulsory execution for or against an indicated party concerned based on a finaland binding judgment made in an action on small claim or a judgment of an actionon small claim or demand for payment with a declaration of provisional executionshall be implemented on the basis of an authenticated copy thereof.

( )Article 26 Grant of a Certificate of Execution1 A certificate of execution shall be granted, upon petition, by a court clerk of the( )

court in which the record of the case exists in the case of a title of obligation otherthan an execution deed, and by the notary preserving the original of the executiondeed in the case of an execution deed.2 A certificate of execution shall be granted in cases where the obligee may effect( )

compulsory execution against the obligor based on the title of obligation inquestion, by attaching a statement to that effect at the end of an authenticatedcopy of the title of obligation.

Article 271 In cases where a claim relates to actualization of a fact to be proved by an( )

obligee, a certificate of execution may be granted only when the obligee has

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produced a document proving that such fact has been actualized.2 A certificate of execution for which the obligee or obligor is a person other than a( )

party concerned indicated in the title of obligation may be granted only when it isapparent to the court clerk or notary that compulsory execution may be carried outagainst or for such person or when the obligee has produced a document provingsuch fact.3 In cases where any of the following grounds exist with regard to the title of( )

obligation and there are special circumstances that make it difficult to specify,prior to carrying out compulsory execution of delivery or surrender of real propertybased on such title of obligation, the person who possess such real property, acertificate of execution may be granted without specifying the obligor only if theobligee has produced a document proving such facts:i The title of obligation indicates a claim for delivery or surrender of real( )

property and, for the purpose of a suit on such claim, an order for a provisionaldisposition prohibiting transfer of possession meaning the order for a(

provisional disposition prohibiting transfer of possession prescribed in Article25-2 1 of the Civil Preservation Act Act No. 91 of 1989 has been executed,( ) [ ])

and compulsory execution of delivery or surrender may be carried out, against aperson possessing such real property, based on said title of obligation pursuantto the provisions of Article 62 1 of said Act.( )

ii The title of obligation is an order under the provisions of the main clause of( )

Article 83 1 including the cases where it is applied mutatis mutandis( ) (

pursuant to Article 188 issued in a compulsory auction procedure including) (

the procedure of an auction for exercise of a security interest; hereinafter thesame shall apply in this item such order shall be hereinafter referred to as a) (

"delivery order" , and the temporary restraining order and/or the temporary)

restraining order to give public notice meaning the temporary restraining order(

to give public notice prescribed in Article 55 1 ; hereinafter the same shall apply( )

in this paragraph set forth in any of a to c below has or have been) ( ) ( )

executed against the person under duty to deliver under such delivery order insaid compulsory auction procedure, and compulsory execution of delivery may becarried out, against a person possessing such real property, based on saiddelivery order pursuant to the provisions of Article 83-2 1 including the cases( ) (

where it is applied mutatis mutandis pursuant to Article 187 5 or Article 188 :( ) )

a The temporary restraining order and the temporary restraining order to give( )

public notice set forth in Article 55 1 iii including the cases where it is( )( ) (

)applied mutatis mutandis pursuant to Article 188b The temporary restraining order and the temporary restraining order to give( )

public notice set forth in Article 77 1 iii including the cases where it is( )( ) (

)applied mutatis mutandis pursuant to Article 188

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c The temporary restraining order or the temporary restraining order to give( )

public notice set forth in Article 187 1 limited to that set forth in Article 55( ) (

( )( ))1 iii4 Compulsory execution based on an authenticated copy of a title of obligation( )

attaching the certificate of execution set forth in the preceding paragraph may onlybe carried out before four weeks elapse from the day on which said certificate ofexecution has been granted and in cases where, at the time of releasing realproperty from possession under said compulsory execution, the possessor can bespecified.5 With regard to the certificate of execution granted pursuant to the provisions of( )

paragraph 3 , when compulsory execution based on an authenticated copy of a( )

title of obligation attaching said certificate of execution has been carried outpursuant to the provisions of the preceding paragraph, the person whose realproperty has been released from his/her possession by said compulsory executionshall be the obligor.

( )Article 28 Re-grant of a Certificate of Execution, etc.1 A certificate of execution may be re-granted only when multiple authenticated( )

copies of a title of obligation attaching a certificate of execution are required forreceiving full performance of a claim or when such authenticated copy has beenlost.2 The provisions of the preceding paragraph shall apply mutatis mutandis to cases( )

of re-issuing an authenticated copy of a final and binding judgment made in anaction on small claim or a judgment of an action on small claim or demand forpayment with a declaration of provisional execution.

( )Article 29 Service of a Title of Obligation, etc.Compulsory execution may be commenced only when an authenticated copy or a

transcript of a title of obligation or a judicial decision that is to be a title of obligationwhen it becomes final and binding has been served upon the obligor in advance orsimultaneously. In cases where a certificate of execution has been granted pursuantto the provisions of Article 27, transcripts of the certificate of execution and thedocument produced by the obligee pursuant to the provisions of said Article shall alsohave been served in advance or simultaneously.

Article 30 Compulsory Execution in Cases Relating to Arrival of Fixed Due Date or(

)Provision of Security1 In cases where a claim relates to arrival of a fixed due date, compulsory( )

execution may be commenced only after the arrival of such due date.2 Compulsory execution based on a title of obligation, where provision of security( )

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has been set as a condition for implementation of compulsory execution, may becommenced only when the obligee produced a document proving that he/she hasprovided security.

Article 31 Compulsory Execution in Cases Relating to Default of(

)Counter-performance or Another Performance1 In cases where performance by an obligor is to be provided in exchange for( )

counter-performance, compulsory execution may be commenced only when theobligee proved that he/she has provided the counter-performance or has made anoffer thereof.2 When performance by an obligor is to be provided in lieu of another performance( )

in cases where the purpose of compulsory execution is unable to be achieved withregard to such other performance, compulsory execution may be commenced onlywhen the obligee proved that the purpose of compulsory execution was unable to beachieved with regard to such other performance.

Article 32 Filing of an Objection Concerning Grant of a Certificate of Execution,(

)etc.1 Against a disposition concerning a petition for grant of a certificate of execution,( )

an objection may be filed with the court to which the court clerk belongs in thecase of a disposition by a court clerk, and with the district court having jurisdictionover the location of the public office of the notary in the case of a disposition by anotary.2 If an objection to grant of a certificate of execution has been filed, the court may,( )

until a judicial decision on the objection is made, order a stay of compulsoryexecution while requiring or not requiring provision of security or ordercontinuation of such compulsory execution while requiring provision of security.When there are pressing circumstances, the presiding judge may also order suchdispositions.3 A judicial decision on a petition under the provisions of paragraph 1 or a( ) ( )

judicial decision under the provisions of the preceding paragraph may be madewithout going through oral argument.4 No appeal may be entered against a judicial decision under the provisions of the( )

preceding paragraph.5 The provisions of the preceding paragraphs shall apply mutatis mutandis to( )

issuance of an authenticated copy of a final and binding judgment made in anaction on small claim or a judgment of an action on small claim or demand forpayment with a declaration of provisional execution under the provisions of Article28 2 .( )

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( )Article 33 Action for Grant of a Certificate of Execution( ) ( )1 When an obligee is unable to produce the document prescribed in Article 27 1or 2 , he/she may file an action for grant of a certificate of execution in order to( )

seek grant of a certificate of execution excluding one granted pursuant to the(

provisions of paragraph 3 of said Article .( ) )

2 The action set forth in the preceding paragraph shall be under the jurisdiction of( )

the courts specified in the following items for the categories of the title ofobligation listed respectively in those items:i Any of the titles of obligation set forth in Article 22 i to iii , vi and vi -2,( ) ( ) ( ) ( ) ( )

or the title of obligation set forth in item vii of said Article excluding that set( )

forth in the following item or item vi : The court of first instance( )

i -2 The title of obligation set forth in Article 22 iii -2 or the title of obligation set( ) ( )

forth in item vii of said Article which relates to an order of compensation of( )

damages or relates to a settlement or acknowledgment of claim in a procedureconcerning a case of an order of compensation of damages: The district courtbefore which the case of an order of compensation of damages was pendingii The title of obligation set forth in Article 22 iv excluding that set forth in( ) ( )

the following item: The summary court to which the court clerk who has issuedthe demand for payment with a declaration of provisional execution belongs or,(

if the claim relating to the demand for payment with a declaration of provisionalexecution is not under the jurisdiction of the summary court, the district court

)having jurisdiction over the location of the summary courtiii The title of obligation set forth in Article 22 iv based on a petition for a( ) ( )

demand for payment filed under the provisions of the main clause of Article132-10 1 of the Code of Civil Procedure or a petition for a demand for payment( )

( )filed by means of a document prepared in the form prescribed in Article 402 1of said Act: The court with which an action is deemed to have been filedpursuant to the provisions of Article 398 of said Act including the cases where(

it is applied mutatis mutandis pursuant to Article 402 2 of said Act with( ) )

regard to such petition for a demand for paymentiv The title of obligation set forth in Article 22 iv -2: The court to which the( ) ( )

court clerk who has made the disposition set forth in said item belongsv The title of obligation set forth in Article 22 v : The court having jurisdiction( ) ( )

over the location of the general venue of the obligor or, when there is no such(

general venue, the court having jurisdiction over the location of the subject)matter of the claim or the seizable property of the obligor

vi The title of obligation set forth in Article 22 vii which relates to a( ) ( )

settlement or a mediation excluding a settlement or a mediation concluded at(

an upper instance court or to labor tribunal judgment excluding that set forth) (

in item i -2 : The summary court, district court or family court where the( ) )

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settlement or the mediation was concluded or, if the claim relating to the(

settlement or the mediation concluded at a summary court is not under thejurisdiction of the summary court, the district court having jurisdiction over thelocation of the summary court or the district court before which the labor)

tribunal case was pending when the labor tribunal judgment was made

( )Article 34 Action to Oppose a Grant of a Certificate of Execution1 In cases where a certificate of execution has been granted pursuant to the( )

provisions of Article 27, an obligor who opposes that a fact to be proved by anobligee has actualized or that it is possible to carry out compulsory executionagainst or for a person other than a party concerned indicated in the title ofobligation may file an action to oppose a grant of a certificate of execution in orderto seek non-permission of compulsory execution based on an authenticated copy ofthe title of obligation attaching such certificate of execution.2 When there are several grounds for opposition, an obligor shall allege such( )

grounds simultaneously.3 The provisions of paragraph 2 of the preceding Article shall apply mutatis( ) ( )

mutandis to the action set forth in paragraph 1 .( )

( )Article 35 Action to Oppose Execution1 An obligor who opposes the presence or contents of the claim pertaining to a title( )

of obligation excluding a title of obligation set forth in Article 22 ii , iii -2 or( ( ) ( )

iv which has yet to become final and binding; hereinafter the same shall apply( )

in this paragraph may file an action to oppose execution in order to seek)

non-permission of compulsory execution based on such title of obligation. The sameshall apply to an obligor who opposes establishment of a title of obligation otherthan a judicial decision.2 Grounds for opposition to a final and binding judgment shall be limited to those( )

that arose after the conclusion of oral argument.3 The provisions of Article 33 2 and paragraph 2 of the preceding Article shall( ) ( ) ( )

apply mutatis mutandis to the action set forth in paragraph 1 .( )

Article 36 Judicial Decision to Stay Execution pertaining to an Action to Oppose a(

)Grant of a Certificate of Execution, etc.1 In cases where an action to oppose a grant of a certificate of execution or an( )

action to oppose execution has been filed, if the circumstances alleged foropposition appear to be legally well-grounded and a prima facie showing is madeon factual matters, the court in charge of the case may, upon petition, order a stayof compulsory execution while requiring or not requiring provision of security untilthe judicial decision set forth in paragraph 1 of the following Article is made in( )

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the final judgment, or, in addition to such order, order continuation of compulsoryexecution while requiring provision of security or order revocation of a dispositionof execution already made while requiring provision of security. When there arepressing circumstances, the presiding judge may also order such dispositions.2 A judicial decision on the petition set forth in the preceding paragraph may be( )

made without going through oral argument.3 In cases where the grounds prescribed in paragraph 1 exist, if there are( ) ( )

pressing circumstances, the execution court may, upon petition, order thedispositions prescribed in said paragraph, while specifying a period for submittingan authenticated copy of a judicial decision under the provisions of said paragraph.This judicial decision may also be made prior to the filing of an action to oppose agrant of a certificate of execution or an action to oppose execution.4 When the period specified pursuant to the provisions of the preceding paragraph( )

has expired or when a judicial decision under the provisions of paragraph 1 has( )

been submitted to the execution court or court execution officer within such period,the judicial decision set forth in the preceding paragraph shall cease to be effective.5 No appeal may be entered against a judicial decision on the petition set forth in( )

paragraph 1 or paragraph 3 .( ) ( )

( )Article 37 Judicial Decision to Stay Execution in the Final Judgment, etc.1 The court in charge of the case may, in the final judgment on an action to oppose( )

a grant of a certificate of execution or an action to oppose execution, order thedispositions prescribed in paragraph 1 of the preceding Article or revoke, change( )

or approve a judicial decision under the provisions of said paragraph that hasalready been made. The court shall make a declaration of provisional execution forthis judicial decision.2 No appeal may be entered against a judicial decision under the provisions of the( )

preceding paragraph.

( )Article 38 Third Party Action against Execution1 A third party who has ownership of the subject matter of compulsory execution( )

or any other right that obstructs assignment or delivery of the subject matter mayfile, against the obligee, a third party action against execution in order to seeknon-permission of such compulsory execution.2 The third party prescribed in the preceding paragraph may file an action against( )

the obligor with regard to the subject matter of compulsory execution, inconsolidation with the action set forth in said paragraph.3 The action set forth in paragraph 1 shall be under the jurisdiction of the( ) ( )

execution court.4 The provisions of the preceding two paragraphs shall apply mutatis mutandis( )

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pursuant to a judicial decision to stay execution pertaining to the action set forthin paragraph 1 .( )

( )Article 39 Stay of Compulsory Execution1 Compulsory execution shall be stayed if any of the following documents has been( )

submitted:i An enforceable authenticated copy of a judicial decision containing a statement( )

to the effect that a title of obligation excluding an execution deed or a( )

declaration of provisional execution shall be revoked or a statement to the effectthat compulsory execution shall not be permittedii An authenticated copy of a final and binding judgment declaring invalidity of( )

a settlement, acknowledgment, mediation or labor tribunal judgment pertainingto a title of obligationiii An authenticated copy of a record or any other document prepared by a court( )

( )clerk which proves that any of the titles of obligation set forth in Article 22 iito iv -2 has ceased to be effective due to withdrawal of the action or any other( )

groundsiv An authenticated copy of a record of a judicial settlement or mediation( )

containing a statement to the effect that compulsory execution shall not becarried out or that a petition for such compulsory execution shall be withdrawn,or an authenticated copy of a judgment document of a labor tribunal judgmentthat has the same effect as a judicial settlement pursuant to the provisions ofArticle 21 4 of the Labor Tribunal Act Act No. 45 of 2004 or an( ) ( )

authenticated copy of the record set forth in Article 20 7 of said Act( )

v A document proving that security for avoiding compulsory execution has been( )

providedvi An authenticated copy of a judicial decision containing a statement to the( )

effect that a stay of compulsory execution and revocation of a disposition ofexecution shall be orderedvii An authenticated copy of a judicial decision containing a statement to the( )

effect that a temporary stay of compulsory execution shall be orderedviii A document containing a statement to the effect that an obligee received( )

performance or consented to granting grace of performance after establishmentof a title of obligation

2 A stay of compulsory execution based on submission of a document set forth in( )

item viii of the preceding paragraph which contains a statement to the effect( )

that an obligee received performance shall be limited to a period of four weeks.3 A stay of compulsory execution based on submission of a document set forth in( )

paragraph 1 viii which contains a statement to the effect that an obligee( )( )

consented to granting grace of performance may only be effected twice and the

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total period shall not exceed six months.

( )Article 40 Revocation of a Disposition of Execution1 When any of the documents set forth in paragraph 1 i to vi of the( ) ( )( ) ( )

preceding Article has been submitted, the execution court or court execution officershall revoke even a disposition of execution that has already been made.2 The provisions of Article 12 shall not apply in the case of revoking a disposition( )

of execution pursuant to the provisions of the preceding paragraph.

Article 41 Continuation of Compulsory Execution in Cases where the Obligor Has(

)Died1 Compulsory execution may be continued even in cases where the obligor died( )

after its commencement.2 In the cases set forth in the preceding paragraph, if existence of an heir of the( )

obligor or the whereabouts of such person is unknown, the execution court may,upon petition, appoint a special agent for the inherited property or heir.3 The provisions of Article 35 2 and 3 of the Code of Civil Procedure shall( ) ( ) ( )

apply mutatis mutandis to the special agent set forth in the preceding paragraph.

( )Article 42 Burdening of Execution Costs1 The costs of compulsory execution that are necessary hereinafter referred to as( ) (

"execution costs" shall be borne by the obligor.)

2 In cases of compulsory execution for a claim for payment of money, the execution( )

costs may be collected simultaneously in the course of the execution procedurewithout requiring a title of obligation.3 When a judicial decision revoking a title of obligation excluding an execution( ) (

deed on which compulsory execution is based, or a judgment declaring invalidity)

of a settlement, acknowledgment, mediation or labor tribunal judgment pertainingto a title of obligation has become final and binding, the obligee shall return, to theobligor, money equivalent to the execution costs that have been paid to the obligee.4 The portion of the execution costs to be borne by an obligor pursuant to the( )

provisions of paragraph 1 other than what has been collected pursuant to the( )

provisions of paragraph 2 and the amount of money to be returned by an obligee( )

pursuant to the provisions of the preceding paragraph shall be specified, uponpetition, by a court clerk of the execution court.5 Against a disposition by a court clerk on the petition set forth in the preceding( )

paragraph, an objection may be filed with the execution court within anunextendable period of one week from the day on which a notice thereof has beenreceived.6 The execution court shall, in cases where it finds that a filing of an objection to a( )

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disposition by a court clerk under the provisions of paragraph 4 is( )

well-grounded, and it should determine the execution costs and the amount ofmoney to be returned prescribed in said paragraph, determine such amount itself.7 An appeal against a disposition of execution may be filed against an order issued( )

with regard to the objection under the provisions of paragraph 5 .( )

8 A disposition by a court clerk under the provisions of paragraph 4 shall not be( ) ( )

effective until it becomes final and binding.9 The provisions of Article 74 1 of the Code of Civil Procedure shall apply( ) ( )

mutatis mutandis to a disposition by a court clerk under the provisions ofparagraph 4 . In this case, the provisions of paragraph 5 , paragraph 7 , the( ) ( ) ( )

preceding paragraph and Article 74 3 shall apply mutatis mutandis.( )

Section 2 Compulsory Execution for a Claim for Payment of Money

Subsection 1 Compulsory Execution against Real Property

Division 1 General Rules

( )Article 43 Method of Execution against Real Property1 Compulsory execution against real property excluding any fixtures on land that( ) (

are not registrable; hereinafter the same shall apply in this Section such) (

compulsory execution shall hereinafter be referred to as "execution against realproperty" shall be carried out by the method of a compulsory auction or)

compulsory administration. These methods may be used jointly.2 With regard to compulsory execution for a claim for payment of money,( )

co-ownership interests in real property, registered superficies and farming rightsand co-ownership interests in such rights shall be deemed to be real property.

( )Article 44 Execution Court1 The district court having jurisdiction over the relevant location or, for what is( ) (

regarded to be real property pursuant to the provisions of paragraph 2 of the( )

preceding Article, the place where it is to be registered shall have jurisdiction)

over execution against real property as the execution court.2 In cases where a building exists over multiple jurisdictional districts of district( )

courts, either or any of the district courts having jurisdiction over the location ofthe land on which such building exists shall have jurisdiction over compulsoryexecution against such building as the execution court, and the district courthaving jurisdiction over the location of the relevant land or the district court thathas received a petition for compulsory execution against the building shall havejurisdiction over compulsory execution against the land on which such building

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exists as the execution court.3 In the cases set forth in the preceding paragraph, the execution court may, when( )

it finds it to be necessary, transfer the case to another court with jurisdiction.4 No appeal may be entered against an order under the provisions of the preceding( )

paragraph.

Division 2 Compulsory Auction

( )Article 45 Commencement Order, etc.1 An execution court shall, in order to commence a compulsory auction procedure,( )

issue a commencement order for a compulsory auction, and, in such commencementorder, declare that real property shall be seized for the obligee.2 The commencement order set forth in the preceding paragraph shall be served( )

upon the obligor.3 An appeal against a disposition of execution may be filed against a judicial( )

decision to dismiss a petition for compulsory auction.

( )Article 46 Effects of a Seizure1 A seizure shall become effective when a commencement order for a compulsory( )

auction was served upon the obligor; provided, however, that if the seizure wasregistered prior to the service of the commencement order, the seizure shall becomeeffective at the time of the registration.2 A seizure shall not preclude the obligor from using or making profits from the( )

real property in an ordinary way.

( )Article 47 Overlapped Commencement Order1 When a petition for a compulsory auction was filed for real property for which a( )

commencement order for a compulsory auction or an auction for exercise of asecurity interest hereinafter referred to as an "auction" in this Section has been( )

issued, the execution court shall issue another commencement order for acompulsory auction.2 When a petition for a compulsory auction or an auction pertaining to an earlier( )

commencement order has been withdrawn or when the procedure of a compulsoryauction or an auction pertaining to an earlier commencement order has beenrescinded, the execution court shall continue the procedure based on a latercommencement order for a compulsory auction.3 In the cases set forth in the preceding paragraph, if a later commencement order( )

for a compulsory auction pertains to a petition filed after the time limit for ademand for liquidating distribution, the court clerk shall set a new time limit for ademand for liquidating distribution. In this case, it is not required to give a notice

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under the provisions of Article 49 2 to any person who has already filed a proof( )

as set forth in Article 50 1 including the cases where it is applied mutatis( ) (

mutandis pursuant to Article 188 .)4 Against a disposition by a court clerk under the provisions of the preceding( )

paragraph, an objection may be filed with the execution court.5 The provisions of the first sentence of Article 10 6 and Article 10 9 shall( ) ( ) ( )

apply mutatis mutandis to cases where an objection under the provisions of thepreceding paragraph has been filed.6 When the procedure of a compulsory auction or an auction pertaining to an( )

earlier commencement order has been stayed, the execution court may, uponpetition, make a judicial decision to continue the procedure based on a latercommencement order for a compulsory auction limited to one pertaining to a(

)petition filed no later than the time limit for a demand for liquidating distribution; provided, however, that this shall not apply if rescission of the procedure of acompulsory auction or an auction pertaining to the earlier commencement ordershall cause a change to the matter set forth in Article 62 1 ii .( )( )

7 An appeal against a disposition of execution may be filed against an order to( )

dismiss the petition set forth in the preceding paragraph.

( )Article 48 Commission of Registration of a Seizure, etc.1 When a commencement order for a compulsory auction has been issued, a court( )

clerk shall immediately commission registration of the seizure pertaining to suchcommencement order.2 A registrar shall, when having made registration of a seizure based on a( )

commission under the provisions of the preceding paragraph, send a certificate ofthe registered matters to the execution court.

Article 49 Public Notice of a Commencement Order and the Time Limit for a(

)Demand for Liquidating Distribution, etc.1 In cases where a seizure pertaining to a commencement order for a compulsory( )

auction has become effective excluding cases where another commencement order(

for a compulsory auction or an auction has been issued prior to saidcommencement order , a court clerk shall set the time limit for a demand for)

liquidating distribution by taking into consideration the period required for theprocedure for preparation of the description of property.2 A court clerk shall, when having set the time limit for a demand for liquidating( )

distribution, give public notice of the fact that a commencement order has beenissued and the time limit for a demand for liquidating distribution, and give anotice to the following persons or entities that they are to notify the executioncourt of the presence or absence of claims including interests and any other(

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incidental claims and the basis and amounts of such claims by the time limit for)

a demand for liquidating distribution:( ) ( )( )i Obligees set forth in Article 87 1 iiiii Obligees set forth in Article 87 1 iv in cases of holders of mortgage( ) ( )( ) (

)securities, limited to known holdersiii Government agencies or public offices that have jurisdiction over tax and any( )

other public charges3 A court clerk may, when he/she finds it to be particularly necessary, extend the( )

time limit for a demand for liquidating distribution.4 A court clerk shall, when he/she has extended the time limit for a demand for( )

liquidating distribution pursuant to the provisions of the preceding paragraph, givepublic notice of the extended time limit.5 Against a disposition by a court clerk under the provisions of paragraph 1 or( ) ( )

paragraph 3 , an objection may be filed with the execution court.( )

6 The provisions of the first sentence of Article 10 6 and Article 10 9 shall( ) ( ) ( )

apply mutatis mutandis to cases where an objection under the provisions of thepreceding paragraph has been filed.

Article 50 Obligation of the Persons who Received a Notice to File Proofs of Their(

)Claims1 The person set forth in paragraph 2 i or ii of the preceding Article who( ) ( )( ) ( )

has received a notice under the provisions of said paragraph shall file a proof of thematters pertaining to such notice by the time limit for a demand for liquidatingdistribution.2 A person who has filed a proof as set forth in the preceding paragraph shall,( )

when there was a change in the amount of the principal of the filed claim, make afiling to that effect.3 A person who is to make a filing pursuant to the provisions of the preceding two( )

paragraphs shall, when he/she has failed to make such filing or has made a falsefiling intentionally or negligently, be liable to compensate for any damagesresulting therefrom.

( )Article 51 Demand for Liquidating Distribution1 An obligee having an authenticated copy of a title of obligation based on which( )

compulsory execution may be implemented pursuant to the provisions of Article 25hereinafter referred to as an "enforceable authenticated copy of a title of(

obligation" , an obligee effecting a provisional seizure who has been registered)

after the registration of the seizure pertaining to a commencement order for acompulsory auction, and an obligee who has proved that he/she has a general

( )statutory lien based on any of the documents listed in the items of Article 181 1

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may make a demand for liquidating distribution.2 An appeal against a disposition of execution may be filed against a judicial( )

decision to dismiss a demand for liquidating distribution.

( )Article 52 Change of the Time Limit for a Demand for Liquidating DistributionWhen an order of permission of sale is not issued within three months from the

time limit for a demand for liquidating distribution or when an order of permission ofsale that was issued within such three months has been revoked or ceased to beeffective, the time limit for a demand for liquidating distribution shall be deemed tohave been changed to the day on which three months have elapsed from such timelimit; provided, however, that this shall not apply in cases where an order ofpermission of sale that was issued within three months from the time limit for ademand for liquidating distribution has ceased to be effective and an order ofpermission of sale has been issued for the next-highest purchase offer under theprovisions of Article 67 excluding cases where such order has been revoked or has(

ceased to be effective .)

Article 53 Rescission of the Procedure of a Compulsory Auction Due to a Loss of(

)Real Property, etc.When a loss of real property or any other circumstance that hinders transfer of

real property has become clear, the execution court shall rescind the procedure of acompulsory auction.

( )Article 54 Commission of Cancellation of Registration of a Seizure1 When a petition for a compulsory auction has been withdrawn or when an order( )

to rescind the procedure of a compulsory auction has become effective, a court clerkshall commission cancellation of registration of the seizure pertaining to thecommencement order for such compulsory auction.2 The registration and license tax and any other expenses required for a( )

commission under the provisions of the preceding paragraph shall be borne by theobligee effecting a seizure pertaining to such withdrawal or rescission order.

( )Article 55 Temporary Restraining Order for Sale, etc.1 When an obligor or a possessor of real property has committed a price reducing( )

act meaning an act that reduces or is likely to reduce the price of real property;(

hereinafter the same shall apply in this paragraph , an execution court may, upon)

petition by an obligee effecting a seizure excluding an obligee effecting a seizure(

who filed a petition for a compulsory auction or an auction after the time limit fora demand for liquidating distribution , issue the temporary restraining order)

and/or the temporary restraining order to give public notice meaning a temporary(

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restraining order to have a court execution officer give public notice of the contentsof the relevant temporary restraining order by posting a written public notice orany other sign at the place where the real property is located; the same shall applyhereinafter set forth in any of the following items, until the purchaser pays the)

price; provided, however, that this shall not apply when the reduction in the pricecaused by such price reducing act or the extent of such likelihood is slight:i A temporary restraining order prohibiting the person who commits the price( )

reducing act from committing such price reducing act or ordering such person toconduct a certain act including a temporary restraining order to give public(

)notice, if the execution court finds it to be necessaryii A temporary restraining order containing the following matters including a( ) (

temporary restraining order to give public notice, if the execution court finds itto be necessary :)a Ordering the person who commits the price reducing act to release real( )

property from his/her possession and deliver it to the court execution officerb Having the court execution officer retain the real property( )

iii A temporary restraining order containing the following matters and a( )

temporary restraining order to give public notice:a The matters set forth in a and b of the preceding item( ) ( ) ( )

b Prohibiting the person prescribed in a of the preceding item from( ) ( )

transferring the possession of real property and permitting such person to usethe real property

2 The temporary restraining order set forth in item ii or item iii of the( ) ( ) ( )

preceding paragraph may not be issued unless either of the following cases applies:i Cases where the obligor set forth in the preceding paragraph possesses the real( )

propertyii Cases where the title to possession held by the possessor of the real property( )

set forth in the preceding paragraph may not be duly asserted against theobligee effecting a seizure, the obligee effecting a provisional seizure or theperson whose right shall be extinguished pursuant to the provisions of Article 59( )1

3 In the case of issuing an order under the provisions of paragraph 1 against a( ) ( )

possessor other than the obligor, if it finds it to be necessary, the execution courtshall interrogate such person.4 When an execution court issues an order under the provisions of paragraph 1 ,( ) ( )

it may have the petitioner provide security; provided, however, that the temporaryrestraining order set forth in item ii of said paragraph may not be issued under( )

the provisions of said paragraph without having the petitioner provide security.5 When there has been a change in circumstances, an execution court may, upon( )

petition, revoke or change an order under the provisions of paragraph 1 .( )

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6 An appeal against a disposition of execution may be filed against the judicial( )

decision set forth in paragraph 1 or the preceding paragraph.( )

7 An order under the provisions of paragraph 5 shall not be effective until it( ) ( )

becomes final and binding.8 An order granting the temporary restraining order or the temporary restraining( )

order to give public notice set forth in paragraph 1 ii or iii shall not be( )( ) ( )

executed when two weeks have elapsed from the day on which the petitioner wasnotified of the order.9 The order prescribed in the preceding paragraph may be executed even before( )

the order is served upon the opposite party.10 The expenses required for the petition set forth in paragraph 1 or the( ) ( )

( ( ))execution of an order under the provisions of said paragraph excluding item iincluding the expenses required for retention of real property shall be treated as( )

administrative expenses in the compulsory auction procedure against such realproperty.

Article 55-2 Temporary Restraining Order for Sale Issued without Specifying the(

)Opposite Party, etc.1 An execution court may issue an order granting the temporary restraining order( )

( )or the temporary restraining order to give public notice set forth in paragraph 1ii or iii of the preceding Article without specifying the opposite party when( ) ( )

there are special circumstances that make it difficult to specify the opposite partyprior to execution of such order.2 An order may not be executed under the provisions of the preceding paragraph( )

in cases where it is unable to specify the possessor of real property at the time ofreleasing such real property from possession.3 When an order has been executed under the provisions of paragraph 1 , the( ) ( )

person whose real property has been released from his/her possession by suchexecution shall be the opposite party of such order.4 An order under the provisions of paragraph 1 is not required to be served( ) ( )

upon the opposite party if such order was not executed within the period set forthin paragraph 8 of the preceding Article. In this case, an order of rescission of( )

security under the provisions of Article 79 1 of the Code of Civil Procedure as( )

applied mutatis mutandis pursuant to Article 15 2 , which pertains to the security( )

that was caused to be provided under the provisions of paragraph 4 of the( )

preceding Article, shall become effective by notifying the petitioner by a methodfound to be reasonable by the execution court.

( )Article 56 Permission to Pay a Land Rent, etc. in Place of the Obligor1 In cases where a commencement order for a compulsory auction has been issued( )

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against a building, if the obligor fails to pay a rent for the superficies or right oflease for owning such building, the execution court may, upon petition, permit theobligee effecting a seizure excluding an obligee effecting a seizure who filed a(

petition for a compulsory auction or an auction after the time limit for a demandfor liquidating distribution to perform such unpaid rent in place of the obligor.)

2 The provisions of Article 55 10 shall apply mutatis mutandis to the expenses( ) ( )

required for the petition set forth in the preceding paragraph and the rent paid byobtaining the permission set forth in said paragraph.

( )Article 57 Investigation of the Current Conditions1 An execution court shall order a court execution officer to investigate the shape,( )

possession status and any other current conditions of real property.2 When carrying out the investigation set forth in the preceding paragraph, a( )

court execution officer may enter real property, ask questions to the obligor or athird person possessing such real property or request such person to presentdocuments.3 In cases of entering real property pursuant to the provisions of the preceding( )

paragraph, if it is necessary, a court execution officer may take a necessarymeasure to open a closed door.4 In cases where it is necessary for the investigation set forth in paragraph 1 , a( ) ( )

court execution officer may request the municipality or, for an area where there(

are special wards, the metropolitan government to deliver copies of drawings or)

any other materials it possesses with regard to the fixed property tax imposed onthe real property when the real property is land, it shall include any building(

built on such land, and when the real property is a building, it shall include thebuilding site .)5 A court execution officer may, in the cases prescribed in the preceding( )

paragraph, request juridical persons engaged in public welfare undertakings, whichprovide supply of electricity, gas or tap water or make any other continuousperformance equivalent thereto, to report necessary matters.

( )Article 58 Appraisal1 An execution court shall appoint an appraiser and order him/her to appraise real( )

property.2 An appraiser shall make an appraisal without delay by appropriately taking into( )

consideration the transaction prices of the same kind of real property in theneighborhood, profits that are to arise from the real property, the cost of the realproperty and any other circumstances affecting the price formation of the realproperty. In this case, the appraiser shall take into account that it is an appraisalfor implementing the sale of real property in a compulsory auction procedure.

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3 In order for an appraiser to request assistance from a court execution officer( )

pursuant to the provisions of Article 6 2 , he/she shall obtain the permission of the( )

execution court.4 The provisions of Article 18 2 and paragraphs 2 , 4 and 5 of the( ) ( ) ( ) ( ) ( )

preceding Article shall apply mutatis mutandis to cases where an appraiser makesan appraisal.

( )Article 59 Extinguishment of Rights upon Sales, etc.1 Any statutory lien, any pledge with provisions not to use or make profits from( )

real property and any mortgage existing on real property shall be extinguishedupon sales.2 Any acquisition of rights on real property that may not be duly asserted against( )

a person whose right shall be extinguished pursuant to the provisions of thepreceding paragraph, an obligee effecting a seizure or an obligee effecting aprovisional seizure shall cease to be effective upon sales.3 Any execution of a seizure or provisional seizure of real property and any( )

execution of a provisional disposition that may not be duly asserted against aperson whose right shall be extinguished pursuant to the provisions of paragraph1 , an obligee effecting a seizure or an obligee effecting a provisional seizure shall( )

cease to be effective upon sales.4 With regard to any right of retention and any pledge without provisions not to( )

use or make profits from real property existing on real property, to which theprovisions of paragraph 2 do not apply, the purchaser shall be liable to perform( )

claims secured by such right or pledge.5 When a person having an interest has given notification that he/she has( )

concluded an agreement that differs from the provisions of paragraph 1 ,( )

paragraph 2 or the preceding paragraph by the time when the standard sales( )

price under the provisions of paragraph 1 of the following Article is determined,( )

the changes in rights on real property through the sale shall be in accordance withsuch agreement.

( )Article 60 Order on the Standard Sales Price, etc.1 An execution court shall determine the price that is to serve as the standard for( )

the sales price of real property hereinafter referred to as the "standard sales(

price" , based on an appraisal by an appraiser.)

2 An execution court may, if it finds it to be necessary, change the standard sales( )

price.3 A purchase offer price shall be not less than the price obtained by deducting( )

from the standard sales price an amount equivalent to two-tenths of said pricesuch obtained price shall hereinafter be referred to as the "minimum purchase(

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price" .)

( )Article 61 Package SaleAn execution court may, when it finds it to be reasonable to have the same

purchaser purchase a piece of real property and another piece s of real property( )

including those pertaining to a different obligee effecting a seizure or a different(

obligor considering the relationship in the use of the respective pieces of property,)

determine to sell such pieces of property in a package; provided, however, that thisshall be limited to cases where the consent of the obligor s has been obtained, if it( )

is expected to be possible to fully perform the claims and execution costs of therespective obligees with the minimum purchase price of part of the several pieces ofproperty for which a commencement order for a compulsory auction has been issuedbased on a single petition.

( )Article 62 Description of Property1 A court clerk shall prepare a description of property stating the following( )

matters:i Indication of the real property( )

ii Any acquisition of rights pertaining to the real property or any execution of( )

provisional dispositions that shall not cease to be effective upon salesiii The outline of the superficies that shall be deemed to have been established( )

upon sales2 A court clerk shall keep a copy of the description of property set forth in the( )

preceding paragraph at the execution court and make it available for publicinspection or take the measure specified by the Rules of the Supreme Court forenabling many and unspecified persons to access the contents of said description ofproperty.3 Against a disposition by a court clerk under the provisions of the preceding two( )

paragraphs, an objection may be filed with the execution court.4 The provisions of the first sentence of Article 10 6 and Article 10 9 shall( ) ( ) ( )


( )Article 63 Measures Taken in Cases where Surplus Is not Expected, etc.1 An execution court shall, if it finds that any of the following items apply, notify( )

the obligee effecting a seizure meaning the obligee effecting a seizure pertaining(

to the first commencement order for a compulsory auction, or, if a judicial decisionto continue the procedure under the provisions of Article 47 6 has been issued,( )

the obligee effecting a seizure who received such judicial decision; hereinafter thesame shall apply in this Article to that effect:)

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i In cases where there is no claim that takes preference over the claim of the( )

obligee effecting a seizure hereinafter referred to as a "preferential claim" in(

this Article , if the minimum purchase price of the real property does not exceed)

the estimated amount of the part of the execution costs that constitutes( )administrative expenses hereinafter referred to as "procedural expenses"

ii In cases where there is a preferential claim, the minimum purchase price of( )

the real property is below the total of the estimated amount of the proceduralexpenses and that of the preferential claim

2 When the obligee effecting a seizure fails to make an offer or to provide a( )

guarantee, as provided in each of the following items for the cases set forthrespectively therein, within one week from the day of receipt of a notice under theprovisions of the preceding paragraph, by deciding, where there is no preferentialclaim, a price that exceeds the estimated amount of procedural expenses, or wherethere is a preferential claim, a price that is not less than the total of the estimatedamount of procedural expenses and that of the preferential claim such a price(

shall hereinafter be referred to as the "obligee's offered price" in this paragraph ,)the execution court shall rescind the procedure of a compulsory auction pertainingto the petition filed by the obligee effecting a seizure; provided, however, that thisshall not apply when the obligee effecting a seizure has proved, within said period,that none of the items of the preceding paragraph apply, or that in the case setforth in item ii of said paragraph, the minimum purchase price of the real( )

property exceeds the estimated amount of procedural expenses and that theconsent has been obtained from the persons who have the preferential claimexcluding a person who is expected to be able to receive full performance of(

his/her preferential claim at the minimum purchase price for the sale of the real)

property:i Cases where the obligee effecting a seizure is able to purchase the real( )

property: Making of an offer to the effect that the obligee effecting a seizure shallpurchase the real property at the obligee's offered price if there is no purchaseoffer that reaches the obligee's offered price, and provision of a guaranteeequivalent to the obligee's offered priceii Cases where the obligee effecting a seizure is unable to purchase the real( )

property: Making of an offer to the effect that the obligee effecting a seizure shallpay any difference between the obligee's offered price and the purchase offerprice if the purchase offer price fails to reach the obligee's offered price, andprovision of a guarantee equivalent to the difference between the obligee'soffered price and the minimum purchase price

3 In cases where an offer has been made and a guarantee has been provided under( )

item ii of the proceeding paragraph, if there is no purchase offer at or beyond( )

the minimum purchase price, the execution court shall rescind the procedure of a

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compulsory auction pertaining to the petition filed by the obligee effecting aseizure.4 The provision of a guarantee set forth in paragraph 2 shall be made to the( ) ( )

execution court by the method specified by the Rules of the Supreme Court.

( )Article 64 Method of Sale and Public Notice1 Real property shall be sold by the method of sale specified by a court clerk.( )

2 The method of sale of real property shall be bidding, an auction or any other( )

method specified by the Rules of the Supreme Court.3 A court clerk shall, when carrying out a sale by the method of bidding or an( )

auction, decide on the date and place of the sale and have a court execution officerimplement the sale.4 In the cases set forth in the preceding paragraph, notwithstanding the provisions( )

of Article 93 1 of the Code of Civil Procedure as applied mutatis mutandis( )

pursuant to Article 20, the date for ordering a sale shall be designated by the courtclerk simultaneously with a disposition to have a sale implemented.5 In the cases set forth in paragraph 3 , a court clerk shall give public notice of( ) ( )

the indication of the real property to be sold, the standard sales price and the dateand place of the sale.6 Against a disposition by a court clerk under the provisions of paragraph 1 ,( ) ( )

paragraph 3 or paragraph 4 , an objection may be filed with the execution( ) ( )

court.7 The provisions of the first sentence of Article 10 6 and Article 10 9 shall( ) ( ) ( )


( )Article 64-2 Preliminary Inspection1 An execution court shall, upon petition by the obligee effecting a seizure( )

excluding an obligee effecting a seizure who filed a petition for a compulsory(

auction or an auction after the time limit for a demand for liquidatingdistribution , order a court execution officer to implement a preliminary inspection)

meaning an occasion of having persons wishing to purchase the real property(

enter and inspect the real property; hereinafter the same shall apply in thisArticle ; provided, however, that this shall not apply when the title to possession)

held by the possessor of such real property may be duly asserted against theobligee effecting a seizure, the obligee effecting a provisional seizure or the personwhose right shall be extinguished pursuant to the provisions of Article 59 1 , and( )

such possessor does not give his/her consent.2 The petition set forth in the preceding paragraph shall be filed, pursuant to the( )

provisions of the Rules of the Supreme Court, by the time when the court clerk

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makes a disposition to have a sale implemented.( ) ( )3 The court execution officer who has received the order set forth in paragraph 1

shall, by the time of implementation of the sale, implement a preliminaryinspection for persons who have requested to participate in the preliminaryinspection pursuant to the provisions of the Rules of the Supreme Court excluding(

those who lack the qualification or capacity to purchase the real property or thosefor whom any of the grounds specified by the Rules of the Supreme Court exist;referred to as "preliminary inspection participants" in paragraph 5 and( )

paragraph 6 .( ))

4 An execution court may, when it is clear that smooth implementation of a( )

preliminary inspection is difficult, revoke the order set forth in paragraph 1 .( )

5 A court execution officer may, when implementing a preliminary inspection,( )

enter the real property himself/herself and have preliminary inspectionparticipants enter the real property.6 When any preliminary inspection participant commits an act that obstructs( )

smooth implementation of the preliminary inspection, a court execution officer mayrestrict such person's entry into the real property or have such person leave thereal property.

( )Article 65 Maintenance of Order at the Place of SaleA court execution officer may restrict entry of any of the following persons into the

place of sale, have such persons leave such place or disallow such persons to make apurchase offer:

i A person who has committed or caused another person to commit an act to( )

obstruct other persons from making purchase offers or obstruct fairimplementation of a sale, such as uniting for the purpose of unjustly loweringthe priceii A person who has been recognized to be a person falling under the preceding( )

item in an order of non-permission of sale that has been issued in another civilexecution procedure, where two years have yet to elapse from the day on whichsuch order of non-permission of sale became final and bindingiii A person who, in relation to a sale in a civil execution procedure, has been( )

sentenced to a punishment pursuant to the provisions of Articles 95 to 96-3,Article 197 to 197-4 or Article 198 of the Penal Code Act No. 45 of 1907 or( )

Article 1 1 , Article 2 1 or Article 4 of the Act on Punishment of Persons( ) ( )

Holding Public Office who Acquires Benefits by Exerting Influence Act No. 130(

of 2000 , where two years have yet to elapse from the day on which the judicial)

decision thereof became final and binding

( )Article 66 Purchase Offer Guarantee

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A person who intends to make a purchase offer for real property shall provide aguarantee in the amount and by the method specified by the execution courtpursuant to the provisions of the Rules of the Supreme Court.

( )Article 67 Next-Highest Purchase OfferA person who has made a purchase offer next highest to the highest purchase

offeror may, provided that his/her purchase offer price is not less than the minimumpurchase price and not less than the price obtained by deducting the amount of thepurchase offer guarantee from the price offered by the highest purchase offeror, makean offer seeking permission of sale for his/her purchase offer in the event that theorder of permission of sale pertaining to the highest purchase offeror ceases to beeffective pursuant to the provisions of Article 80 1 such offer shall hereinafter be( ) (

referred to as the "next-highest purchase offer" to a court execution officer, by the)

time of the termination of implementation of the sale.

( )Article 68 Prohibition of a Purchase Offer by an ObligorAn obligor may not make a purchase offer.

Article 68-2 Temporary Restraining Order for an Obligee Effecting a Seizure who(

)Has Made a Purchase Offer, etc.1 In cases where no purchase offer was made when the court clerk had a sale( )

implemented by the method of bidding or an auction, if the obligor or the possessorof the real property has committed or is likely to commit an act that makes thesale of the real property difficult, the execution court may, upon petition by anobligee effecting a seizure excluding an obligee effecting a seizure who filed a(

petition for a compulsory auction or an auction after the time limit for a demandfor liquidating distribution; the same shall apply in the following paragraph , issue)

a temporary restraining order containing the following matters including a(

temporary restraining order to give public notice, if the execution court finds it tobe necessary , while requiring provision of security, until a purchaser pays the)

price:i Ordering the obligor or the possessor of the real property to release the real( )

property from his/her possession and deliver it to the court execution officer orthe petitionerii Having the court execution officer or the petitioner retain the real property( )

2 An obligee effecting a seizure shall, in order to file the petition set forth in the( )

preceding paragraph, decide on a price not less than the minimum purchase pricehereinafter referred to as the "obligee's offered price" in this paragraph , make an( )

offer to the effect that he/she shall purchase the real property at the obligee'soffered price if there is no purchase offer that reaches the obligee's offered price

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upon the next implementation of a sale by bidding or an auction, and provide aguarantee equivalent to the obligee's offered price.3 When there has been a change in circumstances, an execution court may, upon( )

petition or by its own authority, revoke or change an order under the provisions ofparagraph 1 .( )

4 The provisions of Article 55 2 shall apply mutatis mutandis to a temporary( ) ( )

restraining order under the provisions of paragraph 1 , the provisions of( )

paragraph 3 of said Article shall apply mutatis mutandis to an order under the( )

provisions of paragraph 1 , the provisions of paragraph 6 of said Article shall( ) ( )

apply mutatis mutandis to a judicial decision on the petition set forth in paragraph1 , a judicial decision under the provisions of the preceding paragraph or a( )

judicial decision to dismiss the petition set forth in said paragraph, the provisionsof paragraph 7 of said Article shall apply mutatis mutandis to an order under( )

the provisions of the preceding paragraph, the provisions of paragraph 8 and( )

paragraph 9 of said Article and Article 55-2 shall apply mutatis mutandis to an( )

order granting the temporary restraining order prescribed in paragraph 1 , the( )

provisions of Article 55 10 shall apply mutatis mutandis to expenses required for( )

the petition set forth in paragraph 1 or execution of an order under the( )

provisions of said paragraph, and the provisions of Article 63 4 shall apply( )

mutatis mutandis to the provision of a guarantee set forth in paragraph 2 .( )

( )Article 68-3 Measures in Cases where Real Property Is Unlikely to be Sold1 In cases where no purchase offer was made when the court clerk had a sale( )

implemented three times by bidding or an auction, if an execution court, takinginto consideration the shape, usage, regulations on use under laws and regulations,and any other circumstances of the real property, finds that the real property isunlikely to be sold even if the court clerk had a sale implemented any further, theexecution court may stay the compulsory auction procedure. In this case, theexecution court shall notify the obligee effecting a seizure to that effect.2 If, within three months from the day of receipt of notice under the provisions of( )

the preceding paragraph, an obligee effecting a seizure has made an offer to theexecution court seeking to have a sale implemented on the basis that there is aperson intending to make a purchase offer, a court clerk shall have a saleimplemented pursuant to the provisions of Article 64.3 If an obligee effecting a seizure does not make an offer seeking to have a sale( )

implemented under the provisions of the preceding paragraph within the period setforth in said paragraph, the execution court may rescind the compulsory auctionprocedure. The same shall apply if no purchase offer was made when a court clerkhad a sale implemented pursuant to the provisions of said paragraph.

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( )Article 69 Date for Ordering a SaleAn execution court shall hold court on the date for ordering a sale and render

permission or non-permission of sale.

( )Article 70 Statement of Opinions concerning Permission or Non-permission of SaleA person who has interest in permission or non-permission of sale of real property

may state his/her opinion with regard to any of the grounds listed in the items of thefollowing Article that affect his/her rights, on the date for ordering a sale.

( )Article 71 Grounds for Non-permission of SaleAn execution court shall, when it finds that any of the following grounds exist,

issue an order of non-permission of sale:i The compulsory auction should not be commenced or continued.( )

ii The highest purchase offeror lacks the qualification or capacity to purchase the( )

real property or his/her agent lacks the authority of representation.iii The highest purchase offeror is a person who has made a purchase offer on( )

the account of a person who lacks the qualification to purchase the real property.iv The highest purchase offeror, his/her agent or the person who, on his/her own( )

account, had the highest purchase offeror make a purchase offer falls under anyof the following categories:a A person who has committed the act prescribed in Article 65 i in the( ) ( )

relevant compulsory auction procedureb A person who has failed to pay the price or a person who has, on his/her( )

own account, had said person make a purchase offer in the relevantcompulsory auction procedure

( ) ( ) ( )c The person set forth in Article 65 ii or iiiv A proposal of non-permission of sale has been made under the provisions of( )

Article 75 1 .( )

vi There is a serious error in an order of the standard sales price, an order of( )

package sale, preparation of a description of property, or the procedure of suchorder or preparation.vii There is a serious error in the procedure of sale.( )

Article 72 Measures in Cases where a Judicial Decision to Stay Execution, etc. Has(

)Been Submitted after the Termination of Implementation of a Sale1 In cases where the document set forth in Article 39 1 vii has been submitted( ) ( )( )

during the period from the termination of implementation of a sale until the end ofthe date for ordering a sale, the execution court may not hold court on the date forordering a sale, except in the case of issuing an order of non-permission of salebased on different grounds. In this case, the highest purchase offeror or the

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next-highest purchase offeror may rescind his/her purchase offer to the executioncourt.2 In cases where the document prescribed in the preceding paragraph has been( )

submitted after the end of the date for ordering a sale, the provisions of Article 39shall apply only if an order of permission of sale issued on said date was revokedor ceased to be effective or an order of non-permission of sale issued on said datebecame final and binding.3 In cases where the document set forth in Article 39 1 viii has been submitted( ) ( )( )

after the termination of implementation of a sale, the provisions of said Articleshall apply only if an order of permission of sale pertaining to said sale wasrevoked or ceased to be effective or an order of non-permission of sale pertaining tosaid sale became final and binding.

( )Article 73 Measures in Cases of Becoming an Excess Sale1 In cases of selling several pieces of real property, if it is expected to be possible( )

to fully perform the claims and execution costs of the respective obligees with thepurchase offer price of part of such pieces of property, the execution court shallwithhold the order of permission of sale for the remaining pieces of property.2 In the cases set forth in the preceding paragraph, if it is expected to be possible( )

to fully perform the claims and execution costs of the respective obligees with thepurchase offer price of any of several pieces of property, the execution court shallhear the opinion of the obligor in advance with regard to the pieces of real propertyfor which a sale should be permitted.3 The highest purchase offeror or the next-highest purchase offeror for whom an( )

order of permission of sale has been withheld pursuant to the provisions ofparagraph 1 may rescind his/her purchase offer to the execution court.( )

4 When the price has been paid for the real property for which an order of( )

permission of sale has been issued, the execution court shall rescind thecompulsory auction procedure pertaining to the real property set forth in thepreceding paragraph.

Article 74 Appeal against a Disposition of Execution Filed against an Order of(

)Permission or Non-permission of Sale1 An appeal against a disposition of execution may be filed against an order of( )

permission or non-permission of sale, only if the appellant asserts that his/herrights shall be prejudiced by such order.2 An appeal against a disposition of execution may be filed against an order of( )

permission of sale only on the basis that any of the grounds listed in the items ofArticle 71 exist or that there is a serious error in the procedure of the order ofpermission of sale.

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3 Notwithstanding the provisions of the preceding two paragraphs, the grounds( )

listed in the items of Article 338 1 of the Code of Civil Procedure may serve as( )

the basis for an appeal against a disposition of execution filed against an order ofpermission or non-permission of sale.4 A court of appeal may, if it finds it to be necessary, specify the opposite party of( )

the appellant.5 An order of permission or non-permission of sale shall not be effective until it( )

becomes final and binding.

Article 75 Proposal of Non-permission of Sale in Cases where Real Property Was(

)Damaged, etc.1 In cases where the real property has been damaged after making the purchase( )

offer due to a natural disaster or other grounds not attributable to him/her, thehighest purchase offeror or the purchaser may, if it is prior to the issuance of anorder of permission of sale, make a proposal of non-permission of sale to theexecution court, and if it is after the issuance of an order of permission of sale, filea petition for revocation of such order by the time of paying the price; provided,however, that this shall not apply when the damage to the real property is slight.2 An appeal against a disposition of execution may be filed against an order issued( )

with regard to the petition for revocation of an order of permission of sale underthe provisions of the preceding paragraph.3 An order to revoke an order of permission of sale based on the petition( )

prescribed in the preceding paragraph shall not be effective until it becomes finaland binding.

Article 76 Withdrawal of a Petition for a Compulsory Auction after a Purchase Offer(

)Has Been Made, etc.1 In order to withdraw a petition for a compulsory auction after a purchase offer( )

has been made, the consent of the highest purchase offeror or the purchaser andthe next-highest purchase offeror shall be obtained; provided, however, that thisshall not apply when there is any other obligee s effecting a seizure excluding( ) (

an obligee effecting a seizure who filed a petition for a compulsory auction or anauction after the time limit for a demand for liquidating distribution and the)

withdrawal does not cause any change to the matter set forth in Article 62 1 ii .( )( )

2 The provisions of the preceding paragraph shall apply mutatis mutandis to the( )

case of submitting the document set forth in Article 39 1 iv or v after a( )( ) ( )

purchase offer has been made.

Article 77 Temporary Restraining Order for the Highest Purchase Offeror or the(

)Purchaser, etc.

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1 When an obligor or a possessor of real property has committed or is likely to( )

commit a price reducing act, etc. meaning an act that reduces the price of real(

property or makes the delivery of real property difficult; hereinafter the same shallapply in this paragraph , an execution court may, upon petition by the highest)

purchase offeror or the purchaser, issue the temporary restraining order and/or thetemporary restraining order to give public notice set forth in any of the followingitems, until the execution of a delivery order, while requiring payment of moneyequivalent to his/her purchase offer price or, in cases where the guarantee set(

forth in Article 66 has been provided in the form of money, a price deducting theamount of said guarantee or payment of the price:)

i A temporary restraining order prohibiting the obligor or the possessor of the( )

real property from committing such price reducing act or ordering such person toconduct a certain act including a temporary restraining order to give public(

)notice, if the execution court finds it to be necessaryii A temporary restraining order containing the following matters including a( ) (

temporary restraining order to give public notice, if the execution court finds itto be necessary :)a Ordering the person who has committed or is likely to commit the price( )

reducing act to release real property from his/her possession and deliver it tothe court execution officerb Having the court execution officer retain the real property( )

iii A temporary restraining order containing the following matters and a( )

temporary restraining order to give public notice:a The matters set forth in a and b of the preceding item( ) ( ) ( )

b Prohibiting the person prescribed in a of the preceding item from( ) ( )

transferring the possession of real property and permitting such person to usethe real property

( ) ( ) ( ( ))2 The provisions of Article 55 2 limited to the portion pertaining to item ishall apply mutatis mutandis to the temporary restraining order set forth in itemii or item iii of the preceding paragraph, the provisions of paragraph 2 of( ) ( ) ( )

said Article limited to the portion pertaining to item ii shall apply mutatis( ( ))

mutandis to the temporary restraining order set forth in the preceding paragraph,the provisions of paragraph 3 , the main clause of paragraph 4 and paragraph( ) ( )

5 of said Article shall apply mutatis mutandis to an order under the provisions( )

of the preceding paragraph, the provisions of paragraph 6 of said Article shall( )

apply mutatis mutandis pursuant to a judicial decision on the petition set forth inthe preceding paragraph or the petition set forth in paragraph 5 of said Article( )

as applied mutatis mutandis pursuant to this paragraph, the provisions ofparagraph 7 of said Article shall apply mutatis mutandis to an order under the( )

provisions of paragraph 5 of said Article as applied mutatis mutandis pursuant( )

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to this paragraph, and the provisions of paragraph 8 and paragraph 9 of said( ) ( )

Article and Article 55-2 shall apply mutatis mutandis to an order granting thetemporary restraining order set forth in item ii or item iii of the preceding( ) ( )

paragraph.

( )Article 78 Payment of the Price1 When an order of permission of sale has become final and binding, the purchaser( )

shall pay the price to the court clerk by the time limit specified by the court clerk.2 The money provided by the purchaser as a purchase offer guarantee and the( )

money paid by him/her pursuant to the provisions of paragraph 1 of the( )

preceding Article shall be allotted to the payment of the price.3 If the purchaser has provided the guarantee set forth in Article 63 2 i or( ) ( )( )

Article 68-2 2 by a method other than payment of money, the execution court( )

shall conduct realization of what has been provided as the guarantee pursuant tothe provisions of the Rules of the Supreme Court, and allot the amount obtained bydeducting the expenses required for the realization from the realization value tothe payment of the price. In this case, the expenses required for the realizationshall be borne by the purchaser.4 When the purchaser is an obligee who is to receive liquidating distribution or( )

performance from the proceeds of the sale, he/she may pay, on the distribution dateor the day of delivery of the payment money, the price that has had deducted theamount of liquidating distribution or performance to be received, by making suchproposal to the execution court by the time when the order of permission of salebecomes final and binding; provided, however, that, if an objection is filed on thedistribution date with regard to the amount of liquidating distribution to bereceived by the purchaser, the purchaser shall pay money equivalent to the portionpertaining to the objection within one week from said distribution date.5 A court clerk may, if he/she finds it to be particularly necessary, change the time( )

limit set forth in paragraph 1 .( )

6 Against a disposition by a court clerk under the provisions of paragraph 1 or( ) ( )

the preceding paragraph, an objection may be filed with the execution court.7 The provisions of the first sentence of Article 10 6 and Article 10 9 shall( ) ( ) ( )


( )Article 79 Time of Acquisition of the Real PropertyA purchaser shall acquire real property at the time of payment of the price.

( )Article 80 Effects of Non-payment of the Price1 When a purchaser fails to pay the price, an order of permission of sale shall( )

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cease to be effective. In this case, the purchaser may not claim return of theguarantee provided pursuant to the provisions of Article 66.2 In the cases set forth in the first sentence of the preceding paragraph, if a( )

next-highest purchase offer exists, the execution court shall issue an order ofpermission or non-permission of sale with regard to such offer.

( )Article 81 Statutory SuperficiesIn cases where land and any building built on it are under the ownership of an

obligor, if such land or building has been seized and the owner of either the land orbuilding has changed to a person other than said obligor through a sale thereof, asuperficies shall be deemed to have been established for such building. In this case,the rent shall be specified by the court, upon request by a party concerned.

( )Article 82 Commission of Registration upon Payment of the Price1 When a purchaser has paid the price, a court clerk shall commission the( )

following registration or cancellation of registration:i Registration of transfer of the rights acquired by the purchaser( )

ii Cancellation of registration pertaining to any rights that were extinguished( )

through the sale or acquisition of rights or provisional dispositions that ceased tobe effective through the saleiii Cancellation of registration of any seizure or provisional seizure( )

2 If the purchaser or a person who intends to receive establishment of a mortgage( )

on real property from the purchaser has made a proposal by the time of payment ofthe price, pursuant to the provisions of the Rules of the Supreme Court, thecommission under the provisions of the preceding paragraph shall be made byproviding commission information to a person who is capable of providing anagency service of application for registration as a business and who has beendesignated by the proposer, and having such person provide the commissioninformation to the registry. In this case, the person designated by the proposershall provide such commission information to the registry without delay.3 In order to make a commission under the provisions of paragraph 1 ,( ) ( )

information proving that an order of permission of sale has been issued shall beprovided along with the commission information.4 The registration and license tax and any other costs required for a commission( )

under the provisions of paragraph 1 shall be borne by the purchaser.( )

( )Article 83 Delivery Order1 An execution court may, upon petition by a purchaser who has paid the price,( )

order an obligor or a possessor of real property to deliver the real property to thepurchaser; provided, however, that this shall not apply to a person who is

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recognized, under the record of the case, to possess the real property based on atitle that may be duly asserted against the purchaser.2 A purchaser may not file the petition set forth in the preceding paragraph when( )

six months or, for a purchaser of a building that had been possessed by the(

mortgaged building user prescribed in Article 395 1 of the Civil Code at the time( )

of the purchase, nine months have elapsed from the day of payment of the price.)

3 An execution court shall, in the case of issuing an order under the provisions of( )

paragraph 1 to a possessor other than the obligor, interrogate such person;( )

provided, however, that this shall not apply when it is clear, under the record ofthe case, that such person does not possess the real property based on a title thatmay be duly asserted against the purchaser or if the execution court has alreadyinterrogated such person.4 An appeal against a disposition of execution may be filed against a judicial( )

decision on the petition set forth in paragraph 1 .( )



Article 83-2 Effects of a Temporary Restraining Order Prohibiting Transfer of(

)Possession, etc.1 In a compulsory auction procedure, if an order granting the temporary( )

restraining order and the temporary restraining order to give public notice setforth in Article 55 1 iii or Article 77 1 iii has been executed and a delivery( )( ) ( )( )

order has been issued against the respondent of said order upon petition by thepurchaser, the purchaser may effect compulsory execution of delivery of the realproperty against either of the following persons based on said delivery order:i A person who possessed said real property, knowing that said order has been( )

executedii A person who succeeded to the possession by the respondent of said order after( )

the execution of said order, without knowing that said order has been executed2 A person who took possession of the real property set forth in the preceding( )

paragraph after the execution of the order set forth in said paragraph shall bepresumed to have taken possession of the real property, knowing that said orderhas been executed.3 When an execution certificate against a person other than the respondent of the( )

order set forth in paragraph 1 has been granted with regard to the delivery( )

order set forth in said paragraph, such person may file an objection to the grant ofthe execution certificate on the basis that he/she possesses the real property basedon a title that may be duly asserted against the purchaser or that he/she does notfall under any of the items of said paragraph.

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Article 84 Implementation of Liquidating Distribution of the Proceeds of the Sale,(

)etc.1 In cases where the price has been paid, an execution court shall implement( )

liquidating distribution based on a distribution list except in the cases prescribedin the following paragraph.2 In cases where there is only one obligee or in cases where there are two or more( )

obligees and it is possible to fully perform the claims and execution costs of therespective obligees with the proceeds of the sale, the execution court shall preparea statement of delivery of the proceeds of the sale, and deliver payment money tothe obligee s and deliver any surplus to the obligor.( )

3 In cases where any of the documents listed in Article 39 1 i to vi have been( ) ( )( ) ( )

submitted after the payment of the price, if there is any other obligee s who is to( )

receive liquidating distribution of the proceeds of the sale or delivery of paymentmoney hereinafter referred to as "liquidating distribution, etc." , the execution( )

court shall implement liquidating distribution, etc. for such obligee s .( )

4 The execution court shall also implement liquidating distribution, etc. in cases( )

where the document set forth in Article 39 1 vii or viii has been submitted( )( ) ( )

after the payment of the price.

( )Article 85 Preparation of a Distribution List1 On the distribution date, an execution court shall determine the amounts of the( )

principal of the claim, interest, and any other incidental claims, the amount ofexecution costs, and the order and amount of liquidating distribution with regardto each of the obligees set forth in the items of Article 87 1 ; provided, however,( )

that this shall not apply to the order and amount of liquidating distribution incases where an agreement has been reached among all of the obligees on thedistribution date.2 In the case of determining the order and amount of liquidating distribution( )

pursuant to the provisions of the main clause of the preceding paragraph, theexecution court shall make the determination in accordance with the provisions ofthe Civil Code, Commercial Code and any other Acts.3 On the distribution date, the obligees prescribed in paragraph 1 and the( ) ( )

obligor shall be summoned.4 On the distribution date, if the execution court finds it to be necessary for( )

determining the matters prescribed in the main clause of paragraph 1 , it may( )

interrogate the obligees and the obligor who appeared and examine anydocumentary evidence that may be examined immediately.5 When the matters prescribed in the main clause of paragraph 1 in the case( ) ( ) (

prescribed in the proviso to said paragraph, they shall exclude the order andamount of liquidating distribution have been determined pursuant to the)

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provisions of paragraph 1 , a court clerk shall prepare a distribution list on the( )

distribution date.6 A distribution list shall contain a statement of the amount of the proceeds of the( )

sale and the contents of the determination of the execution court with regard to thematters prescribed in the main clause of paragraph 1 in the case prescribed in( ) (

the proviso to said paragraph, such contents with regard to the order and amountof liquidating distribution shall be the contents of the relevant agreement .)7 The provisions of Article 16 3 and 4 shall apply mutatis mutandis to the( ) ( ) ( )

( )service of a writ of summons upon the obligees prescribed in paragraph 1( ( ) )excluding those prescribed in the first sentence of paragraph 1 of said Article

( )Article 86 Proceeds of the Sale1 Proceeds of the sale shall consist of the following:( )

i The price of the real property( )

ii The portion of the guarantee that has been provided pursuant to the( )

provisions of Article 63 2 ii that is equivalent to the amount that remains( )( )

after deducting the price from the obligee's offered priceiii The guarantee of which return may not be claimed by the purchaser pursuant( )

( )to the provisions of Article 80 12 In cases where real property has been sold in a package pursuant to the( )

provisions of Article 61, if it is necessary to determine the amount of the proceedsof the sale for each piece of real property, such amount shall be the amountobtained by dividing the total amount of the proceeds of the sale proportionatelyaccording to the standard sales price of each piece of property. The same shallapply to the burden of execution costs for each piece of property.3 The provisions of Article 78 3 shall apply mutatis mutandis to a realization in( ) ( )

cases where the guarantee prescribed in paragraph 1 ii or iii has been( )( ) ( )

provided by a method other than payment of money.

( )Article 87 Scope of Obligees who Are to Receive Liquidating Distribution, etc.1 Obligees who are to receive liquidating distribution, etc. of the proceeds of the( )

sale shall be the following:i The obligee s effecting a seizure limited to an obligee effecting a seizure who( ) ( ) (

filed a petition for a compulsory auction or an auction for exercise of a general)statutory lien by the time limit for a demand for liquidating distribution

ii Obligees who made a demand for liquidating distribution by time limit for a( )

demand for liquidating distributioniii The obligee in any provisional seizure that was registered prior to registration( )

of the seizure meaning the seizure pertaining to the first commencement order(

)for a compulsory auction; the same shall apply in the following item

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iv Obligees holding any statutory lien excluding general statutory liens held by( ) (

the obligees set forth in item i or item ii , pledge or mortgage which was( ) ( ))

registered including provisional registration based on the provisional disposition(

prescribed in Article 53 2 of the Civil Preservation Act prior to registration of( ) )

the seizure and which shall be extinguished through the sale including the(

)holder of mortgage securities pertaining to such mortgage2 In cases where the right of the obligee set forth in item iv of the preceding( ) ( )

paragraph has been registered after registration of a provisional seizure, suchobligee may receive liquidating distribution, etc. only when the obligee effecting aprovisional seizure has been defeated in the suit on the merits or the provisionalseizure has ceased to be effective.3 In cases where the compulsory auction procedure pertaining to the seizure has( )

been stayed and a judicial decision to continue the procedure has been issuedunder the provisions of Article 47 6 , if the obligee effecting a seizure subject to( )

such stay of execution was defeated in a suit, etc. pertaining to such stay, obligeesholding any right prescribed in paragraph 1 iv which was registered after( )( )

registration of the seizure and prior to registration of a seizure pertaining to thejudicial decision of continuation may receive liquidating distribution, etc.

( )Article 88 Liquidating Distribution, etc. for a Claim with a Due Date1 A claim for which the fixed due date has yet to arrive shall be deemed to have( )

become due with regard to liquidating distribution, etc.2 When the claim set forth in the preceding paragraph bears no interest, the( )

amount of liquidating distribution, etc. shall be calculated by deeming the amountof principal, which together with the interest for the period from the day ofliquidating distribution, etc. until the due date calculated based on the statutoryinterest rate constitute the amount of the claim, to be the amount of such claim.

( )Article 89 Filing of an Opposition to Liquidating Distribution1 An obligee or obligor who is dissatisfied with any of the amounts of claim or( )

liquidating distribution of the respective obligees stated in the distribution list mayfile an opposition hereinafter referred to as the "filing of an opposition to(

liquidating distribution" on the distribution date.)

2 An execution court shall implement liquidating distribution of only the portion( )

for which there was no filing of an opposition to liquidating distribution.

( )Article 90 Action to Oppose Liquidating Distribution, etc.1 An obligee who has filed an opposition to liquidating distribution or an obligor( )

who has filed an opposition to liquidating distribution against an obligee who doesnot have an enforceable authenticated copy of a title of obligation shall file an

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action to oppose liquidating distribution.2 The action set forth in the preceding paragraph shall be under the jurisdiction of( )

the execution court.3 The action set forth in paragraph 1 shall be dismissed without prejudice in( ) ( )

cases where the plaintiff fails to appear on the first date of oral argument, exceptwhen the plaintiff fails to appear based on grounds not attributable to him/her.4 In a judgment on the action set forth in paragraph 1 , the distribution list shall( ) ( )

be changed or the distribution list shall be rescinded in order to prepare a newdistribution list.5 An obligor who has filed an opposition to liquidating distribution against an( )

obligee who has an enforceable authenticated copy of a title of obligation shall filean action to oppose execution or the action set forth in Article 117 1 of the Code( )

of Civil Procedure.6 The filing of an opposition to liquidating distribution shall be deemed to have( )

been withdrawn if the obligee or the obligor who has filed an opposition toliquidating distribution fails to prove to the execution court that he/she has filedthe action set forth in paragraph 1 or fails to prove that he/she has filed the( )

action set forth in the preceding paragraph and submit an authenticated copy of ajudicial decision to stay execution pertaining to such action to the execution courtwithin one week or, in cases where the purchaser is to pay money pursuant to the(

provisions of the proviso to Article 78 4 , within two weeks from the distribution( ) )

date or, for the filing of an opposition to liquidating distribution against an(

unknown holder of mortgage securities, the day on which such holder becameknown .)

( )Article 91 Statutory Deposit of the Amount of Liquidating Distribution, etc.1 When any of the following grounds exist for the claim of an obligee who is to( )

receive liquidating distribution, etc., a court clerk shall make a statutory deposit ofmoney equivalent to the amount of such liquidating distribution, etc.:i When the claim is one subject to a condition precedent or one with an( )

uncertain due dateii When the claim is one held by the obligee effecting a provisional seizure( )

iii When the document set forth in Article 39 1 vii or Article 183 1 vi has( ) ( )( ) ( )( )

been submittediv When an authenticated copy of a judicial decision to temporarily prohibit( )

exercise of a statutory lien, pledge or mortgage hereinafter referred to as a(

"statutory lien, etc." pertaining to the claim has been submitted)

v When provisional registration or provisional registration based on a( )

provisional disposition under the provisions of Article 53 2 of the Civil( )

Preservation Act has been made for a statutory lien, etc. pertaining to the claim

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vi When the amount of liquidating distribution is not fixed due to the existence( )

of a statutory lien, etc. that was registered after the registration of a provisionalseizure or a seizure pertaining to a stay of executionvii When an action to oppose liquidating distribution has been filed( )

2 A court clerk shall make a statutory deposit of money equivalent to the amount( )

of liquidating distribution, etc. for any obligee who failed to appear to the executioncourt to receive liquidating distribution, etc. including any unknown holder of(

mortgage securities .)

Article 92 Implementation of Liquidating Distribution, etc. when the Right Becomes(

)Final and Binding, etc.1 In cases where a statutory deposit has been made under the provisions of( )

paragraph 1 of the preceding Article, if the grounds for such statutory deposit( )

have been extinguished, the execution court shall implement liquidatingdistribution, etc. of the deposit money.2 In cases where liquidating distribution is to be implemented pursuant to the( )

provisions of the preceding paragraph, if it is no longer possible to implementliquidating distribution to any obligee pertaining to a statutory deposit based onthe grounds set forth in paragraph 1 i to v of the preceding Article or any( )( ) ( )

obligee effecting a provisional seizure or any obligee effecting a seizure subject to astay of execution pertaining to a statutory deposit based on the grounds set forthin item vi of said paragraph, or where an obligee pertaining to a statutory( )

deposit based on the grounds set forth in item vii of said paragraph has been( )

defeated in an action to oppose liquidating distribution filed by the obligor, theexecution court shall change the distribution list even for obligees who did not filean opposition to liquidating distribution.

Division 3 Compulsory Administration

( )Article 93 Commencement Order, etc.1 An execution court shall, in order to commence a compulsory administration( )

procedure, issue a commencement order for compulsory administration, and, insuch commencement order, declare that real property shall be seized for the obligeeand prohibit the obligor from disposing earnings and, if the obligor has a claim fora rent or any other right to seek delivery pertaining to earnings from the realproperty hereinafter referred to as a "delivery claim" , order the person s who( ) ( )

has the obligation to make said delivery to the obligor hereinafter referred to as(

the "person obligated to deliver" to deliver the subject matter of such delivery to)

the administrator.2 The earnings set forth in the preceding paragraph shall be natural fruits to be( )

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harvested on a later date and civil fruits that are already due and to be due on alater date.3 The commencement order set forth in paragraph 1 shall be served upon the( ) ( )

obligor and any person s obligated to deliver.( )

4 The commencement order set forth in paragraph 1 shall become effective( ) ( )

against a person obligated to deliver when the commencement order was servedupon said person obligated to deliver.5 An appeal against a disposition of execution may be filed against a judicial( )

decision on a petition for compulsory administration.

( )Article 93-2 Overlapped Commencement OrderIf a commencement order for a compulsory administration has already been issued,

or if a petition for a compulsory administration was filed for real property for which acommencement order for execution against earnings from secured real property hasbeen issued under the provisions of Article 180 ii , the execution court shall issue( )

another commencement order for compulsory administration.

Article 93-3 Demand for the Person Obligated to Deliver to State the Presence of(

)any Conflicting Order, etc. of Seizure of ClaimsA court clerk shall, upon servicing a commencement order for compulsory

administration upon a person obligated to deliver, make a demand to the personobligated to deliver to state the presence or absence of any order of seizure ordisposition of seizure against the delivery claim and any other matters specified bythe Rules of the Supreme Court within two weeks from the day of service of thecommencement order. In this case, the provisions of Article 147 2 shall apply( )

mutatis mutandis.

Article 93-4 Suspension of the Effects of a Conflicting Order, etc. of Seizure of(

)Claims on the Delivery Claim, etc.1 When a commencement order for compulsory administration has become( )

effective against a person obligated to deliver pursuant to the provisions of Article93 4 , the effects of any order of seizure or disposition of seizure against the( )

delivery claim, which was already effective, shall be suspended; provided, however,that this shall not apply to cases where the commencement order for compulsoryadministration becomes effective against the person obligated to deliver after thetimes listed in the items of Article 165 including the cases where the provisions of(

the items of Article 165 excluding item iii and item iv are applied mutatis[ ( ) ( )]

mutandis pursuant to Article 167-14 and the cases where they are applied mutatismutandis pursuant to Article 193 2 .( ))

2 When a commencement order for compulsory administration has become( )

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effective against a person obligated to deliver pursuant to the provisions of Article93 4 , the effects of any order of provisional seizure against the delivery claim,( )

which was already effective, shall be suspended.3 The obligee in the order of seizure or disposition of seizure set forth in( )

paragraph 1 , an obligee who made a demand for liquidating distribution in the( )

procedure of execution against a claim meaning the execution against a claim(

prescribed in Article 143 or execution against a claim relating to an action on)

small claim meaning the execution against a claim relating to an action on small(

claim prescribed in Article 167-2 2 by the time of suspension of the effects of the( ))

order of seizure or disposition of seizure set forth in paragraph 1 , and the obligee( )

in the order of provisional seizure set forth in the preceding paragraph may receiveliquidating distribution, etc. in the compulsory administration procedure set forthin the preceding two paragraphs, notwithstanding the provisions of Article 107 4 .( )

( )Article 94 Appointment of an Administrator1 An execution court shall appoint an administrator simultaneously with the( )

issuance of a commencement order for compulsory administration.2 A trust company meaning a person who obtained the license set forth in Article( ) (

3 or Article 53 1 of the Trust Business Act Act No. 154 of 2004 , a bank, or( ) ( ))

any other juridical person may become an administrator.

( )Article 95 Authority of an Administrator1 An administrator may conduct administration, collect earnings and conduct a( )

realization with regard to the real property for which a commencement order forcompulsory administration has been issued.2 An administrator shall, in order to lease real property beyond the period( )

specified in Article 602 of the Civil Code, obtain the consent of the obligor.3 When there are several administrators, they perform their duties jointly;( )

provided, however, that they may divide the duties among them by obtaining thepermission of the execution court.4 When there are several administrators, it shall be sufficient for a third party to( )

manifest his/her intention to any one of them.

( )Article 96 Possession of Real Property for a Compulsory Administration, etc.1 An administrator may release real property from the obligor's possession and( )

take possession of such real property.2 In the case set forth in the preceding paragraph, if he/she finds it to be( )

necessary to open a closed door, an administrator may request assistance from acourt execution officer.3 The provisions of Article 57 3 shall apply mutatis mutandis to a court( ) ( )

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execution officer who has been requested to provide assistance pursuant to theprovisions of the preceding paragraph.

( )Article 97 Permission to Use a Building1 In cases where a commencement order for compulsory administration has been( )

issued for a building in which the obligor resides, if the obligor is unable to findanother place to reside, the execution court may, upon petition, permit use of suchbuilding to the extent necessary for residence of the obligor and any relatives livingtogether who share the same livelihood with the obligor including a person who is(

in a de facto husband and wife relationship or foster parent and child relationshipwith the obligor with no notification of marriage or adoption having been given;hereinafter referred to as the "obligor, etc." for a period it has specified.)

2 When the obligor has obstructed the administration by the administrator or( )

when there was any change in circumstances, the execution court may, uponpetition, revoke or change an order under the provisions of the precedingparagraph.3 An appeal against a disposition of execution may be filed against an order on the( )

petition set forth in the preceding two paragraphs.

( )Article 98 Giving a Portion of the Earnings, etc.1 If the obligor is to fall into extreme poverty through compulsory administration,( )

the execution court may, upon petition, order the administrator to give the obligorthe necessary money or earnings, depending on the extent of his/her poverty, fromthe earnings or the realization price.2 The provisions of paragraph 2 of the preceding Article shall apply mutatis( ) ( )

mutandis to an order under the provisions of the preceding paragraph, and theprovisions of paragraph 3 of said Article shall apply mutatis mutandis to an( )

order based on the petition set forth in the preceding paragraph or the petition setforth in paragraph 2 of the preceding Article as applied mutatis mutandis( )

pursuant to this paragraph.

( )Article 99 Supervision of an AdministratorAn administrator shall be supervised by the execution court.

( )Article 100 Duty of Care of an Administrator1 An administrator shall perform his/her duties with due care of a prudent( )

manager.2 If an administrator s fails to have the due care set forth in the preceding( ) ( )

paragraph, the administrator s shall be jointly and severally liable to compensate( )

for damage to any person having an interest.

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( )Article 101 Remuneration for an Administrator, etc.1 An administrator may receive advance payments of expenses necessary for( )

compulsory administration as well as a remuneration determined by the executioncourt.2 An appeal against a disposition of execution may be filed against an order under( )

the provisions of the preceding paragraph.

( )Article 102 Dismissal of an AdministratorThe execution court may, upon petition by a person having an interest or by its

own authority, dismiss an administrator if there are material grounds to do so. Inthis case, the execution court shall interrogate the administrator.

( )Article 103 Duty to Make a Report of AccountAn administrator shall, upon the termination of his/her office, make a report of

account to the execution court without delay.

( )Article 104 Stay of Compulsory Administration1 In cases where the document set forth in Article 39 1 vii or viii has been( ) ( )( ) ( )

submitted, compulsory administration may be continued with the same conditionsas at the time of such submission, except for the procedure of liquidatingdistribution, etc. In this case, the administrator shall make a statutory deposit ofthe money to be allotted to the liquidating distribution, etc. and notify theexecution court of such circumstances.2 When it is possible to fully perform the claims and execution costs of the( )

respective obligees with the amount of money deposited pursuant to the provisionsof the preceding paragraph, the execution court shall rescind the compulsoryadministration procedure, except for the procedure of liquidating distribution, etc.

( )Article 105 Demand for Liquidating Distribution1 An obligee having an enforceable authenticated copy of a title of obligation and( )

an obligee who has proved that he/she has a general statutory lien based on any ofthe documents listed in the items of Article 181 1 may make a demand for( )

liquidating distribution to the execution court.2 An appeal against a disposition of execution may be filed against a judicial( )


( )Article 106 Money, etc. to be Allotted to Liquidating Distribution, etc.1 Money to be allotted to liquidating distribution, etc. shall be the amount( )

obtained by deducting the tax or public charges imposed on the real property, the

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remuneration for the administrator and any other necessary expenses from theearnings or the realization price remaining after giving any portion thereof underthe provisions of Article 98 1 .( )

2 If it is unlikely that any money to be allotted to liquidating distribution, etc.( )

shall arise, the execution court shall rescind the compulsory administrationprocedure.

( )Article 107 Implementation of Liquidating Distribution, etc. by an Administrator1 An administrator shall pay expenses under the provisions of paragraph 1 of( ) ( )

the preceding Article, calculate the amount of money to be allotted to liquidatingdistribution, etc. for each period specified by the execution court, and implementthe liquidating distribution, etc.2 In cases where there is only one obligee or in cases where there are two or more( )

obligees and it is possible to fully perform the claims and execution costs of therespective obligees with the money to be allotted to liquidating distribution, etc.,the administrator shall deliver payment money to the obligee s and deliver any( )

surplus to the obligor.3 Except in the cases prescribed in the preceding paragraph, if an agreement was( )

reached among the obligees with regard to liquidating distribution of the money tobe allotted to liquidating distribution, etc., the administrator shall implementliquidating distribution in accordance with such agreement.4 The obligees who are to receive liquidating distribution, etc. shall be the( )

following:i The obligee s effecting a seizure who falls under any of a to c below:( ) ( ) ( ) ( )

a An obligee who has filed a petition for compulsory administration by the( )

( )time of expiration of the period set forth in paragraph 1b An obligee who has filed a petition for the execution against earnings from( )

secured real property prescribed in Article 180 ii for exercise of a general( )

( )statutory lien by the time of expiration of the period set forth in paragraph 1c An obligee who has filed a petition for the execution against earnings from( )

secured real property prescribed in Article 180 ii by the time of expiration of( )

( ) ( ( )the period set forth in paragraph 1 excluding the obligee set forth in babove where such petition is based on a security interest that has been)

registered including provisional registration for preservation prescribed in(

Article 53 2 of the Civil Preservation Act prior to registration of the seizure( ) )

pertaining to the first commencement order for compulsory administrationii The obligee s effecting a provisional seizure limited to an obligee who has( ) ( ) (

filed a petition for execution of a provisional seizure through compulsoryadministration by the time of expiration of the period set forth in paragraph( ))1

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iii Obligees who made a demand for liquidating distribution by the time of( )

( )expiration of the period set forth in paragraph 15 If the agreement set forth in paragraph 3 is not reached, the administrator( ) ( )

shall notify the execution court of such circumstances.

Article 108 Statutory Deposit of the Amount of Liquidating Distribution, etc. by an(

)AdministratorWhen any of the grounds set forth in the items of Article 91 1 excluding item( ) (

vii exist for the claim of an obligee who is to receive liquidating distribution, etc.,( ))

the administrator shall make a statutory deposit of the money equivalent to theamount of such liquidating distribution, etc. and notify the execution court of suchcircumstances. The same shall apply when an obligee has failed to appear to theexecution court to receive liquidating distribution, etc.

( )Article 109 Implementation of Liquidating Distribution, etc. by an Execution CourtAn execution court shall implement the procedure of liquidating distribution, etc.,

immediately in cases where notification has been given under the provisions ofArticle 107 5 and at the time when the grounds for statutory deposit were( )

extinguished in cases where notification has been given under the provisions ofArticle 104 1 or the preceding Article.( )

Article 110 Rescission of a Compulsory Administration Procedure through(

)PerformanceWhen the respective obligees have received full performance of their claims and

execution costs through liquidating distribution, etc., the execution court shallrescind the compulsory administration procedure.

Article 111 Application Mutatis Mutandis of the Provisions on Compulsory(

)AuctionsThe provisions of Article 46 1 , Article 47 2 , the main clause of Article 47 6 ,( ) ( ) ( )

( ) ( ) ( ) ( )Article 47 7 , Article 48, Article 53, Article 54, Article 84 3 and 4 , Article 87 2and 3 and Article 88 shall apply mutatis mutandis to compulsory administration,( )

and the provisions of Article 84 1 and 2 , Article 85 and Articles 89 to 92 shall( ) ( )

apply mutatis mutandis to the procedure of liquidating distribution, etc. implementedby the execution court pursuant to the provisions of Article 109. In this case, thephrase "after the payment of the price" in Article 84 3 and 4 shall be deemed to( ) ( )

be replaced with "after the passage of the period set forth in Article 107 1 ."( )

Subsection 2 Compulsory Execution against a Vessel

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( )Article 112 Method of Execution against a VesselCompulsory execution against a vessel of not less than twenty tons grossexcluding a tender boat or any other boat that uses solely or mainly oars or paddles(

for propulsion; hereinafter referred to as a "vessel" in this Section and the followingChapter hereinafter referred to as "execution against a vessel" shall be carried) ( )

out by the method of a compulsory auction.

( )Article 113 Execution CourtThe district court having jurisdiction over the location of the vessel at the time of

issuance of a commencement order for a compulsory auction shall have jurisdictionover execution against a vessel as the execution court.

( )Article 114 Commencement Order, etc.1 An execution court shall, in order to commence a compulsory auction procedure,( )

issue a commencement order for a compulsory auction, and order a court executionofficer to confiscate the document proving the nationality of the vessel and anyother documents necessary for the navigation of the vessel hereinafter referred to(

as the "certificate of the vessel's nationality, etc." and to submit them to the)

execution court; provided, however, that the order to a court execution officer is notnecessary if the certificate of the vessel's nationality, etc. have already beenconfiscated based on a commencement order issued prior to said commencementorder.2 In a commencement order for a compulsory auction, the execution court shall( )

declare that a vessel shall be seized for the obligee and prohibit the obligor frommaking the vessel depart.3 When a court execution officer has confiscated the certificate of the vessel's( )

nationality, etc. prior to the service of a commencement order for a compulsoryauction or registration of a seizure, the seizure shall become effective at the time ofsuch confiscation.

Article 115 Order to Deliver the Certificate of the Vessel's Nationality, etc. Prior to(

)the Filing of a Petition for Execution against a Vessel1 When there is a likelihood that execution against a vessel shall become( )

extremely difficult unless the certificate of the vessel's nationality, etc. areconfiscated prior to the filing of a petition for execution against a vessel, thedistrict court having jurisdiction over the location of the vessel's registry or, for a(

vessel without registry, the place designated by the Supreme Court may, upon)

petition, order the obligor to deliver the certificate of the vessel's nationality, etc. toa court execution officer. When there are pressing circumstances, the district courthaving jurisdiction over the location of the vessel may also issue such order.

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2 A judicial decision under the provisions of the preceding paragraph may be made( )

without going through oral argument.3 The petition set forth in paragraph 1 shall be made by presenting an( ) ( )

enforceable authenticated copy of a title of obligation and making a prima facieshowing of the grounds prescribed in said paragraph.4 A court execution officer shall, when the obligee fails to submit a document( )

proving that he/she has filed a petition for execution against a vessel within fivedays from the day on which the court execution officer received delivery of thecertificate of the vessel's nationality, etc., return the certificate of the vessel'snationality, etc. to the obligor.5 An immediate appeal may be filed against an order under the provisions of( )

paragraph 1 .( )

6 The immediate appeal set forth in the preceding paragraph shall not have the( )

effect of staying execution.7 The provisions of Article 55 8 to 10 shall apply mutatis mutandis to an( ) ( ) ( )

order under the provisions of paragraph 1 .( )

( )Article 116 Appointment of a Custodian1 Upon petition by the obligee effecting a seizure, an execution court may, if he/she( )

finds it to be necessary, appoint a custodian for the vessel for which acommencement order for a compulsory auction has been issued.2 The expenses required by the custodian set forth in the preceding paragraph for( )

retaining the vessel including the remuneration set forth in Article 101 1 as( ( )

applied mutatis mutandis pursuant to paragraph 4 shall be procedural( ))

expenses.3 An appeal against a disposition of execution may be filed against an order issued( )

with regard to the petition set forth in paragraph 1 .( )

4 The provisions of Article 94 2 , Article 96 and Articles 99 to 103 shall apply( ) ( )

mutatis mutandis to the custodian set forth in paragraph 1 .( )

Article 117 Rescission of a Compulsory Auction Procedure Based on Provision of a(

)Guarantee1 In cases where the document set forth in Article 39 1 vii or viii has been( ) ( )( ) ( )

submitted with regard to the claim of an obligee effecting a seizure, if the obligorprovides, prior to any purchase offer, a guarantee equivalent to the total amount ofthe claims and execution costs of the obligee effecting a seizure and obligees whomade a demand for liquidating distribution by the time of provision of theguarantee or, if it is after the time limit for a demand for liquidating distribution,(

by such time limit , the execution court shall, upon petition, rescind the)

compulsory auction procedure, except for the procedure of liquidating distribution,

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etc.2 When a stay of execution based on submission of the document prescribed in the( )

preceding paragraph has ceased to be effective, the execution court shallimplement liquidating distribution, etc. of the guarantee, which has been providedpursuant to the provisions of said paragraph, for the obligees set forth in saidparagraph. In this case, the execution court may reclaim any securities that havebeen deposited as provision of a guarantee.3 An appeal against a disposition of execution may be filed against a judicial( )

decision to dismiss the petition set forth in paragraph 1 .( )

4 The provisions of Article 12 shall not apply to an order under the provisions of( )

paragraph 1 .( )

5 The provisions of Article 15 shall apply mutatis mutandis to the provision of the( )

guarantee set forth in paragraph 1 and the provisions of Article 78 3 shall( ) ( )

apply mutatis mutandis to a realization in cases where the guarantee set forth inparagraph 1 has been provided by a method other than a statutory deposit of( )

money.

( )Article 118 Permission for Navigation1 In cases where an execution court finds that there is a necessity in terms of( )

business or there are other reasonable grounds, if there is the consent of therespective obligees and the highest purchase offeror or the purchaser and thenext-highest purchase offeror, the execution court may permit navigation of thevessel on petition by the obligor.2 An appeal against a disposition of execution may be filed against a judicial( )

decision on the petition set forth in the preceding paragraph.3 An order under the provisions of paragraph 1 shall not be effective until it( ) ( )


( )Article 119 Transfer of a Case1 An execution court may, in cases where the vessel for which a commencement( )

order for a compulsory auction has been issued is relocated to a place outside itsjurisdictional district, transfer the case to the district court having jurisdiction overthe location of the vessel.2 No appeal may be entered against an order under the provisions of the preceding( )

paragraph.

Article 120 Rescission of a Compulsory Auction Procedure in Cases where(

Confiscation of the Certificate of the Vessel's Nationality, etc. Is Not)Possible

If a court execution officer is unable to confiscate the certificate of the vessel's

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nationality, etc. within two weeks from the day on which a commencement order fora compulsory auction has been issued, the execution court shall rescind thecompulsory auction procedure.

Article 121 Application Mutatis Mutandis of the Provisions for a Compulsory(

)Auction against Real PropertyThe provisions of Division 2 of the preceding Subsection excluding Article 45 1 ,( ( )

Article 46 2 , Article 48, Article 54, Article 55 1 limited to the portion pertaining( ) ( ) [

to item ii , Article 56, Article 64-2, Article 81 and Article 82 shall apply mutatis( )] )

mutandis to execution against a vessel, and the provisions of Article 48, Article 54and Article 82 shall apply mutatis mutandis to compulsory execution against theJapanese vessel prescribed in Article 1 of the Ships Act Act No. 46 of 1899 .( )

Subsection 3 Compulsory Execution against Movables

( )Article 122 Commencement of Execution against Movables, etc.1 Compulsory execution against movables including any fixtures on land that are( ) (

not registrable, natural fruits prior to being separated from land which are to beharvested within one month for certain, and securities other than those forbiddento be endorsed; hereinafter the same shall apply in this Section, the followingChapter and Chapter IV hereinafter referred to as "execution against) (

movables" shall be commenced through a seizure of the subject matter by a court)

execution officer.2 In execution against movables, a court execution officer may accept the( )

performance of the claims and execution costs for the obligee effecting a seizure.

( )Article 123 Seizure of Movables Possessed by the Obligor1 Movable property possessed by the obligor shall be seized by way of a court( )

execution officer taking possession of such movables.2 When carrying out the seizure set forth in the preceding paragraph, a court( )

execution officer may enter the residence of the obligor or any other placepossessed by the obligor, and search the subject matter at such place or in a safe orany other containers possessed by the obligor. In this case, if it is necessary, acourt execution officer may take a necessary measure to open a closed door, safeand any other containers.3 A court execution officer may, if he/she finds it to be reasonable, have the obligor( )

retain the seized movables hereinafter referred to as the "seized property" . In( )

this case, the seizure shall be effective only when an indication of the seizure ismade with regard to the seized property through sealing or any other method.4 In cases where a court execution officer has the obligor retain the seized( )

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property pursuant to the provisions of the preceding paragraph, if he/she finds it tobe reasonable, the court execution officer may permit the obligor to use said seizedproperty.5 A court execution officer may, if he/she finds it to be necessary, retain the seized( )

property which he/she had the obligor retain pursuant to the provisions ofparagraph 3 or rescind the permission under the provisions of the preceding( )

paragraph.

( )Article 124 Seizure of Movables Possessed by a Person Other than the ObligorThe provisions of paragraph 1 and paragraphs 3 to 5 of the preceding( ) ( ) ( )

Article shall apply mutatis mutandis to a seizure of movables possessed by an obligeeor a third party who does not refuse to submit it.

( )Article 125 Prohibition of an Overlapped Seizure and Consolidation of Cases1 A court execution officer may not carry out another seizure of seized property or( )

movables for which a provisional seizure has been executed.2 In cases where another petition for execution against movables has been filed( )

against an obligor who has been subjected to a seizure for the place of such seizure,a court execution officer shall seize any movables that has yet to be seized if thereis any, and if there is no movables to be seized, he/she shall, by clarifying such fact,consolidate such case of execution against movables with the earlier case ofexecution against movables. The same shall apply when another petition forexecution against movables has been filed against an obligor who has beensubjected to execution of a provisional seizure for the place of such execution.3 When two cases of execution against movables have been consolidated pursuant( )

to the provisions of the first sentence of the preceding paragraph, the movablesthat was seized in the later case shall be deemed to have been seized in the earliercase at the time of the consolidation, and the petition for the later case shallbecome effective as a demand for liquidating distribution. If the earlier obligeeeffecting a seizure has withdrawn the petition for execution against movables orthe procedure pertaining to such petition has been stayed or rescinded, themovables seized in the earlier case shall be deemed to have been seized for thelater case at the time of the consolidation.4 When a case of execution of a provisional seizure and a case of execution against( )

movables have been consolidated pursuant to the provisions of the second sentenceof paragraph 2 , the movables for which the provisional seizure was executed( )

shall be deemed to have been seized in the case of execution against movables atthe time of the consolidation, and the petition for the case of execution of aprovisional seizure shall become effective as a demand for liquidating distribution.If the obligee effecting a seizure has withdrawn the petition for execution against

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movables or the procedure pertaining to such petition has been rescinded, themovables seized in the case of execution against movables shall be deemed to havebeen subjected to execution of a provisional seizure in the case of execution of aprovisional seizure at the time of the consolidation.

( )Article 126 Scope of Effects of a SeizureEffects of a seizure shall extend to natural products arising from the seized

property.

( )Article 127 Order to Deliver the Seized Property1 When a third party has taken possession of seized property, the execution court( )

shall, upon petition by the obligee effecting a seizure, order such third party todeliver the seized property to a court execution officer.2 The petition set forth in the preceding paragraph shall be filed within one week( )

from the day on which the obligee effecting a seizure became aware that the thirdparty is in possession of the seized property.3 An appeal against a disposition of execution may be filed against a judicial( )


4 The provisions of Article 55 8 to 10 shall apply mutatis mutandis to an( ) ( ) ( )

order under the provisions of paragraph 1 .( )

( )Article 128 Prohibition of an Excessive Seizure, etc.1 Movable property shall not be seized beyond the extent necessary for the( )

performance of the claim and execution costs of the obligee effecting a seizure.2 When it has become clear after a seizure that such seizure goes beyond the( )

extent set forth in the preceding paragraph, a court execution officer shall rescindsuch excessive portion of the seizure.

( )Article 129 Prohibition of a Seizure in Cases where Surplus Is not Expected, etc.1 When the amount of proceeds from the movables to be seized is not expected to( )

exceed the amount of the procedural expenses, a court execution officer shall notcarry out the seizure.2 When the amount of proceeds from the seized property is not expected to reach( )

the total amount of the procedural expenses and the amount of any claims thattake precedence over the claim of the obligee effecting a seizure, a court executionofficer shall rescind the seizure.

( )Article 130 Rescission of a Seizure of Seized Property that Is Unlikely to be SoldIf seized property is not expected to be sold even after implementing a sale by a

reasonable method, a court execution officer may rescind the seizure of such seized

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property.

( )Article 131 Seizure-Prohibited MovablesThe following movables shall not be seized:i Clothes, bedclothes, furniture, kitchen utensils, tatami mats and fittings that( )

are indispensable for the living of the obligor, etc.ii Food and fuel necessary for one month's living of the obligor, etc.( )

iii Money in the amount specified by a Cabinet Order by taking into account an( )

average household's necessary living expenses for two monthsiv Equipment, fertilizers, work animals and their feeds that are indispensable( )

for agriculture as well as seeds and any similar agricultural products that areindispensable for continuing agriculture until the next harvest of a person whoengages in agriculture mainly through his/her own laborv Fish nets and any other fishing equipment, baits, juvenile fish and any similar( )

fishery products that are indispensable for capturing or farming fishery productsof a person who engages in fisheries mainly through his/her own laborvi Equipment or any other objects excluding products that are indispensable( ) ( )

for the work of a technician, an artisan, a laborer or any other person whoengages in an occupation or business mainly through his/her own intellectual or

( )physical labor excluding those prescribed in the preceding two itemsvii A registered seal or any other seal that is indispensable for an occupation or( )

livingviii A Buddha statue, an ancestral memorial table or other object that is( )

indispensable for direct use in a religious service or worshipix A family tree, a diary, commercial books and any similar documents that are( )

necessary for the obligorx A medal or any other object representing honor received by the obligor or( )

his/her relativexi Documents and equipment necessary for the obligor, etc. in learning at school( )

or any other educational institutionxii Any object pertaining to an invention or a copyright work that has yet to be( )

made publicxiii A prosthetic arm or hand, a prosthetic leg or foot or any other object used for( )

supplementing body that is necessary for the obligor, etc.xiv Fire-fighting machinery or equipment, fire escape equipment and any other( )

supplies that are required to be put in place in a building or any other structurepursuant to the provisions of laws and regulations for the purpose of preventingdisasters or for security

( )Article 132 Change in the Scope of Seizure-Prohibited Movables

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1 An execution court may, upon petition, order rescission of all or part of a seizure( )

or permit seizure of any of the movables listed in the items of the precedingArticle, taking into consideration the living conditions of the obligor and the obligees and any other circumstances.( )

2 When there has been a change in circumstances, an execution court may, upon( )

petition, permit a seizure of movables of which seizure had been rescindedpursuant to the provisions of the preceding paragraph or order rescission of all orpart of a seizure under the provisions of said paragraph.3 When a petition has been filed seeking an order to rescind a seizure pursuant to( )

the provisions of the preceding two paragraphs, an execution court may, until ajudicial decision on such petition becomes effective, order a stay of the compulsoryexecution, while requiring or not requiring provision of security.4 An appeal against a disposition of execution may be filed against an order to( )

dismiss the petition set forth in paragraph 1 or paragraph 2 and an order to( ) ( )

permit a seizure pursuant to these provisions.5 No appeal may be entered against an order under the provisions of paragraph( )

3 .( )

( )Article 133 Demand for Liquidating Distribution by a Statutory Lien Holder, etc.A statutory lien holder or a person who has a pledge may make a demand for

liquidating distribution by submitting a document that proves his/her right.

( )Article 134 Method of SaleA court execution officer shall sell seized property by bidding, an auction or any

other method specified by the Rules of the Supreme Court.

Article 135 Application Mutatis Mutandis of the Provisions Concerning Maintenance(

)of Order at the Place of Sale, etc.The provisions of Article 65 and Article 68 shall apply mutatis mutandis to cases of

selling seized property.

( )Article 136 Obligation to Present a Negotiable InstrumentIn cases where a court execution officer has seized a bill or note, check or any other

securities for payment of money, which requires presentation for underwriting orpayment or requires a demand for payment hereinafter referred to as "presentation,(

etc." within a period specified for exercise of the right such securities shall) (

hereinafter be referred to as a "negotiable instrument" , if the time of)

commencement of such period has arrived, the court execution officer shall carry outthe presentation, etc. of the negotiable instrument in place of the obligor.

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( )Article 137 Sale during a Stay of Execution1 In cases where the document set forth in Article 39 1 vii or viii has been( ) ( )( ) ( )

submitted, if there is a likelihood of a considerable decline in the price of the seizedproperty or if an inappropriate amount of costs are to be required for retention ofsuch seized property, a court execution officer may sell such seized property.2 A court execution officer shall, when he/she has sold seized property pursuant to( )

the provisions of the preceding paragraph, make a statutory deposit of the proceedsof such sale.

( )Article 138 Endorsement, etc. of SecuritiesA court execution officer may, when he/she has sold securities, carry out, in place

of the obligor, acts necessary for endorsement or entry of a name change for thepurchaser.

Article 139 Implementation of Liquidating Distribution, etc. by a Court Execution(

)Officer1 In cases where there is only one obligee or in cases where there are two or more( )

obligees and it is possible to fully perform the claims and execution costs of therespective obligees with the proceeds, the seized money or the amount payable on anegotiable instrument hereinafter referred to as the "proceeds, etc." , a court( )

execution officer shall deliver payment money to the obligee s and deliver any( )

surplus to the obligor.2 Except in the cases prescribed in the preceding paragraph, if an agreement was( )

reached among the obligees with regard to liquidating distribution of the proceeds,etc., a court execution officer shall implement liquidating distribution in accordancewith such agreement.3 If the agreement set forth in the preceding paragraph is not reached, a court( )

execution officer shall notify the execution court of such circumstances.4 The provisions of Article 84 3 and 4 and Article 88 shall apply mutatis( ) ( ) ( )

mutandis to the case of implementing liquidating distribution, etc. pursuant to theprovisions of paragraph 1 or paragraph 2 .( ) ( )

( )Article 140 Scope of Obligees who Are to Receive Liquidating Distribution, etc.( )Obligees who are to receive liquidating distribution, etc. shall be the obligee s

effecting a seizure as well as obligees who made a demand for liquidatingdistribution, in the case of proceeds, by the time a court execution officer receivesdelivery of proceeds or, in the case of proceeds that were deposited pursuant to the(

provisions of Article 137 or Article 49 3 of the Civil Preservation Act, by the time( )

when the execution against movables is decided to be continued , or in the case of)

seized money, by the time when a court execution officer seizes such money, or in the

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case of the amount payable on a negotiable instrument, by the time when a courtexecution officer receives payment thereof.

( )Article 141 Statutory Deposit by a Court Execution Officer1 In the case of implementing liquidating distribution, etc. pursuant to the( )

provisions of Article 139 1 or 2 , if any of the following grounds exist for the( ) ( )

claim of an obligee who is to receive liquidating distribution, etc., a court executionofficer shall make a statutory deposit of money equivalent to the amount of suchliquidating distribution, etc. and notify the execution court of such circumstances:i When the claim is one subject to a condition precedent or one with an( )

uncertain due dateii When the claim is one held by the obligee effecting a provisional seizure( )

iii When the document set forth in Article 39 1 vii or Article 183 1 vi as( ) ( )( ) ( )( )

applied mutatis mutandis pursuant to Article 192 has been submittediv When an authenticated copy of a judicial decision to temporarily prohibit( )

exercise of a statutory lien or pledge pertaining to the claim has been submitted2 A court execution officer shall make a statutory deposit of money equivalent to( )

the amount of liquidating distribution, etc. for any obligee who failed to appear toreceive liquidating distribution, etc.

( )Article 142 Implementation of Liquidating Distribution, etc. by an Execution Court1 An execution court shall implement the procedure of liquidating distribution,( )

etc., immediately in cases where notification has been given under the provisions ofArticle 139 3 and at the time when the grounds for statutory deposit were( )

extinguished in cases where notification has been given under the provisions ofparagraph 1 of the preceding Article.( )

2 The provisions of Article 84, Article 85 and Articles 88 to 92 shall apply mutatis( )

mutandis to the procedure of liquidating distribution, etc. implemented by anexecution court pursuant to the provisions of the preceding paragraph.

Subsection 4 Compulsory Execution against a Claim and any OtherProperty Right

Division 1 Execution against a Claim, etc.

( )Article 143 Commencement of Execution against a ClaimCompulsory execution against a claim for payment of money or delivery of a vessel

or movables excluding a claim for which securities subject to execution against(

)movables have been issued; hereinafter referred to as a "claim" in this Sectionsuch compulsory execution shall exclude the execution against a claim relating to an(

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action on small claim prescribed in Article 167-2 2 ; hereinafter referred to as( )

"execution against a claim" in this Section shall be commenced through an order of)

seizure by an execution court.

( )Article 144 Execution Court1 The district court having jurisdiction over the location of the general venue of( )

the obligor shall have jurisdiction over execution against a claim as the executioncourt, and when there is no such general venue, the district court havingjurisdiction over the location of the claim to be seized shall have jurisdiction oversuch execution as the execution court.2 A claim to be seized shall be deemed to exist at the location of the general venue( )

of the obligor of such claim hereinafter referred to as the "third party obligor" ;( )

provided, however, that a claim for delivery of a vessel or movables and a claimsecured by a security interest in property shall be deemed to exist at the location ofsuch property.3 In cases where another order of seizure has been issued for a claim pertaining to( )

a seizure limited to a claim that has been seized based on an order of seizure;(

hereinafter the same shall apply in this Division , if the execution court that has)

issued such order of seizure is different from the earlier execution court, eitherexecution court may transfer its case to the other execution court.4 No appeal may be entered against an order under the provisions of the preceding( )

paragraph.

( )Article 145 Order of Seizure1 An execution court shall, in an order of seizure, prohibit the obligor from( )

collecting or otherwise disposing the claim and prohibit the third party obligorfrom providing performance to the obligor.2 An order of seizure shall be issued without interrogating the obligor and the( )

third party obligor.3 An order of seizure shall be served upon the obligor and the third party obligor.( )

4 A seizure shall become effective when an order of seizure was served upon the( )

third party obligor.5 An appeal against a disposition of execution may be filed against a judicial( )

decision on a petition for an order of seizure.

( )Article 146 Scope of Seizure1 An execution court may issue an order of seizure for the entirety of a claim to be( )

seized.2 When the price of the seized claim exceeds the amount of the claim and( )

execution costs of the obligee effecting a seizure, an execution court shall not seize

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any other claims.

( )Article 147 Demand for the Third Party Obligor to Make a Statement1 When a petition has been filed by the obligee effecting a seizure, a court clerk( )

shall, upon servicing an order of seizure, make a demand to the third party obligorto state the presence or absence of any claim pertaining to a seizure and any othermatters specified by the Rules of the Supreme Court within two weeks from theday of service of the order of seizure.2 A third party obligor shall, when he/she has failed to make a statement or has( )

made a false statement intentionally or negligently in response to a demand underthe provisions of the preceding paragraph, be liable to compensate for any damagesresulting therefrom.

( )Article 148 Delivery of a Claim Deed1 When a deed exists for a claim pertaining to a seizure, the obligor shall deliver( )

such deed to the obligee effecting a seizure.2 The obligee effecting a seizure may receive delivery of the deed set forth in the( )

preceding paragraph by the method of compulsory execution of delivery ofmovables under the provisions of Article 169, based on an order of seizure.

( )Article 149 Effects in Cases where Seizures Conflict in PartIn cases where part of a claim has been seized or has been subjected to execution

of a provisional seizure, and an order of seizure is issued beyond the remainingportion of such claim, the effects of each seizure or execution of a provisional seizureshall extend to the entirety of such claim. The same shall apply to the effects of aseizure when an order of seizure has been issued for part of a claim after the entiretyof such claim has been seized or has been subjected to execution of a provisionalseizure.

Article 150 Commission of Registration of a Seizure of a Claim Secured by a(

)Statutory Lien, etc.When an order of seizure against a claim secured by a registered statutory lien,

pledge or mortgage has become effective, a court clerk shall, upon petition,commission registration to the effect that such claim has been seized.

( )Article 151 Seizure of Continuous PerformanceThe effects of a seizure against a claim pertaining to a compensation or any other

continuous performance shall extend to the performance to be received after theseizure, not exceeding the amount of the claim and execution costs of the obligeeeffecting a seizure.

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Article 151-2 Special Provisions on Cases of Enforcing a Claim for Periodic(

)Payments pertaining to Duty to Support, etc.1 In cases where the obligor has a claim for periodic payments with provisions on( )

fixed due dates pertaining to any of the following duties, if any part of such claimis in default, execution against a claim may be commenced even for the portion ofsaid claim for periodic payments for which the fixed due date has yet to arrive,notwithstanding the provisions of Article 30 1 :( )

i The duty of cooperation and mutual assistance between a husband and wife( )

under the provisions of Article 752 of the Civil Codeii Duty of sharing the expenses arising from marriage under the provisions of( )

Article 760 of the Civil Codeiii The duty concerning custody of a child under the provisions of Article 766 of( )

the Civil Code including the cases where it is applied mutatis mutandis(

)pursuant to Article 749, Article 771 and Article 788 of the Civil Codeiv The duty to support under the provisions of Article 877 to Article 880 of the( )

Civil Code2 In execution against a claim that has been commenced pursuant to the( )

provisions of the preceding paragraph, it is possible to seize only the claimpertaining to a compensation or any other continuous performance that becomesdue after the arrival of the fixed due date of each claim for the periodic payments.

( )Article 152 Seizure-Prohibited Claim1 In the case of either of the following claims, the portion equivalent to( )

three-quarters of the performance to be received when such claim is due or, if(

such amount exceeds the amount specified by a Cabinet Order by taking intoaccount an average household's necessary living expenses, the portion equivalent tothe amount specified by a Cabinet Order shall not be seized:)

i A claim pertaining to continuous performance that the obligor receives from a( )

person other than the State or local public entity for the purpose of maintaininghis/her livingii A claim pertaining to a compensation, wage, salary, retirement pension, bonus( )

or any remuneration similar in nature2 In the case of a claim pertaining to a retirement allowance or any remuneration( )

similar in nature, the portion equivalent to three-quarters of the performancethereof shall not be seized.3 With regard to application of the provisions of the preceding two paragraphs in( )

the case of enforcing a monetary claim meaning a claim for payment of money;(

the same shall apply hereinafter pertaining to any of the duties listed in the)

items of paragraph 1 of the preceding Article, the term "three-quarters" in the( )

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preceding two paragraphs shall be deemed to be replaced with "a half."

( )Article 153 Change in the Scope of Seizure-Prohibited Claims1 An execution court may, upon petition, order revocation of all or part of an order( )

of seizure or issue an order of seizure for the portion of a claim of which seizure isprohibited pursuant to the provisions of the preceding Article, taking intoconsideration the living conditions of the obligor and the obligee s and any other( )

circumstances.2 When there has been a change in circumstances, an execution court may, upon( )

petition, seize a claim for which an order of seizure had been revoked pursuant tothe provisions of the preceding paragraph or revoke all or part of an order ofseizure under the provisions of said paragraph.3 When the petition set forth in either of the preceding two paragraphs has been( )

filed, an execution court may, until a judicial decision on such petition becomeseffective, issue an order against the third party obligor prohibiting payment or anyother performance, while requiring or not requiring provision of security.4 An appeal against a disposition of execution may be filed against an order to( )

dismiss a petition for revocation of an order of seizure under the provisions ofparagraph 1 or paragraph 2 .( ) ( )

5 No appeal may be entered against an order under the provisions of paragraph( )

3 .( )

( )Article 154 Demand for Liquidating Distribution1 An obligee having an enforceable authenticated copy of a title of obligation and( )

an obligee who has proved that he/she has a statutory lien based on a documentmay make a demand for liquidating distribution.2 When the demand for liquidating distribution set forth in the preceding( )

paragraph has been made, a document containing a statement to that effect shallbe served upon the third party obligor.3 An appeal against a disposition of execution may be filed against a judicial( )


( )Article 155 Collection of a Monetary Claim of an Obligee Effecting a Seizure1 An obligee who has seized a monetary claim may collect the claim when one( )

week has elapsed from the day on which an order of seizure was served upon theobligor; provided, however, that he/she may not receive payment beyond theamount of the claim and execution costs of the obligee effecting a seizure.2 When an obligee effecting a seizure has received payment from a third party( )

obligor, his/her claim and execution costs shall be deemed to have been performedto the extent of the amount that has been received.

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3 An obligee effecting a seizure shall, when he/she has received the payment set( )

forth in the preceding paragraph, immediately notify the execution court to thateffect.

( )Article 156 Statutory Deposit by a Third Party Obligor1 A third party obligor may make a statutory deposit of money equivalent to the( )

total amount of the monetary claim pertaining to a seizure limited to a monetary(

claim seized based on an order of seizure; the same shall apply in the followingparagraph to an official depository at the place of performance of the obligation.)

2 A third party obligor shall, by the time he/she receives a service of a complaint( )

for the action prescribed in paragraph 1 of the following Article, make a( )

statutory deposit of money equivalent to the total amount of the claim in the casewhere he/she has received a service of an order of seizure, a disposition of seizureor an order of provisional seizure that has been issued beyond the unseized portionof a monetary claim pertaining to a seizure, or money equivalent to the seizedportion in the case where he/she has received a service of a document stating thata demand for liquidating distribution was made, to an official depository at theplace of performance of the obligation.3 A third party obligor shall, when he/she has made a statutory deposit under the( )

provisions of the preceding two paragraphs, notify the execution court of suchcircumstances.

( )Article 157 Suit for Collection1 When an obligee effecting a seizure has filed an action seeking performance of a( )

seized claim hereinafter referred to as a "suit for collection" against a third( )

party obligor, the court in charge of the case may, upon petition by the third partyobligor, order any other obligee who has seized such claim by the time of theservice of the complaint to intervene on the plaintiff's side as a coparty.2 The judicial decision set forth in the preceding paragraph may be made without( )

going through oral argument.3 Effects of a judgment in a suit for collection shall extend even to any obligee( )

effecting a seizure who had been ordered to intervene pursuant to the provisions ofparagraph 1 but has failed to intervene.( )

4 When upholding the plaintiff's claim in a suit for collection against a third party( )

obligor who is obligated to make a statutory deposit pursuant to the provisions ofparagraph 2 of the preceding Article, the court in charge of the case shall( )

include a statement to the effect that the payment of money pertaining to theclaim shall be made by the method of a statutory deposit in the main text of thejudgment.5 When the plaintiff of the judgment prescribed in the preceding paragraph is to( )

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receive liquidating distribution, etc. in compulsory execution or an auction, astatutory deposit of money equivalent to the amount of such liquidatingdistribution, etc. shall be made.

( )Article 158 Compensation of Damages to an ObligorAn obligee effecting a seizure shall be liable to compensate an obligor for any

damages resulting from a failure to enforce a seized claim.

( )Article 159 Assignment Order1 An execution court may, upon petition by the obligee effecting a seizure, issue an( )

order to assign the seized monetary claim to the obligee effecting a seizure at theface value in lieu of payment hereinafter referred to as an "assignment order" .( )

2 Am assignment order shall be served upon the obligor and the third party( )

obligor.3 If, by the time an assignment order is served upon the third party obligor,( )

another obligee carries out a seizure or execution of a provisional seizure or makesa demand for liquidating distribution with regard to the monetary claim pertainingto the assignment order, the assignment order shall not become effective.4 An appeal against a disposition of execution may be filed against an order on the( )

petition set forth in paragraph 1 .( )

5 An assignment order shall not be effective until it becomes final and binding.( )

6 If an appeal against a disposition of execution has been filed on the basis that( )

the document set forth in Article 39 1 vii or viii was submitted after the( )( ) ( )

issuance of an assignment order, the court of appeal shall withhold the judicialdecision on the appeal against a disposition of execution, except in the case ofrevoking the assignment order based on another reason.

( )Article 160 Effects of an Assignment OrderIn cases where an order of seizure and an assignment order has become final and

binding, as long as the monetary claim pertaining to the assignment order exists, theclaim and execution costs of the obligee effecting a seizure shall be deemed to havebeen performed, in the amount of the face value of such claim, at the time of theservice of the assignment order upon the third party obligor.

( )Article 161 Transfer Order, etc.1 When a seized claim is one subject to a condition or one with a due date, or( )

when it is difficult to collect such claim since it relates to counter-performance ordue to any other grounds, the execution court may, upon petition by the obligeeeffecting a seizure, issue an order to transfer such claim to the obligee effecting aseizure at the price specified by the execution court in lieu of payment hereinafter(

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referred to as a "transfer order" , issue an order that orders a court execution)

officer to sell such claim by the method specified by the execution court in lieu ofcollection hereinafter referred to as a "sale order" , issue an order to appoint an( )

administrator and order the administrator to conduct administration of such claimhereinafter referred to as an "administration order" , or issue any other order( )

that orders a realization through a reasonable method.2 An execution court shall, in the case of issuing an order under the provisions of( )

the preceding paragraph, interrogate the obligor; provided, however, that this shallnot apply when the obligor is in a foreign state or the domicile of the obligor isunknown.3 An appeal against a disposition of execution may be filed against an order on the( )

petition set forth in paragraph 1 .( )


becomes final and binding.5 When a court execution officer has sold a seized claim, he/she shall, in lieu of the( )

obligor, notify the third party obligor of the transfer of the claim by delivering aninstrument bearing a certified date.6 The provisions of Article 159 2 and 3 and the preceding Article shall apply( ) ( ) ( )

mutatis mutandis to a transfer order, the provisions of Article 159 6 shall apply( )

mutatis mutandis to an appeal against a disposition of execution filed against atransfer order, the provisions of Article 65 and Article 68 shall apply mutatismutandis to a sale by a court execution officer based on a sale order, the provisionsof Article 159 2 shall apply mutatis mutandis to an administration order, and the( )

( ) ( ) ( ) ( ) ( )provisions of Article 84 3 and 4 , Article 88, Article 94 2 , Article 95 1 , 3and 4 , Articles 98 to 104, and Articles 106 to 110 shall apply to administration( )

based on an administration order. In this case, the phrase "after the payment ofthe price" in Article 84 3 and 4 shall be deemed to be replaced with "after the( ) ( )

passage of the period set forth in Article 107 1 as applied mutatis mutandis( )

pursuant to Article 161."

( )Article 162 Execution of an Order of Seizure of a Claim for Delivery of a Vessel1 An obligee who has seized a claim for delivery of a vessel may, when one week( )

has elapsed from the day on which an order of seizure was served upon the obligor,demand the third party obligor to deliver the vessel to the custodian appointed bythe district court having jurisdiction over the location of the vessel.2 Compulsory execution against a vessel delivered to a custodian pursuant to the( )

provisions of the preceding paragraph shall be carried out by the method ofexecution against a vessel.3 In cases where the custodian prescribed in paragraph 1 has received delivery( ) ( )

of a vessel, if a commencement order for a compulsory auction is issued for such

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vessel, such custodian shall be deemed to be a custodian appointed pursuant to theprovisions of Article 116 1 .( )

( )Article 163 Execution of an Order of Seizure of a Claim for Delivery of Movables1 An obligee who has seized a claim for delivery of movables may, when one week( )

has elapsed from the day on which an order of seizure was served upon the obligor,demand the third party obligor to deliver the movables to the court executionofficer who has received a petition by the obligee effecting a seizure.2 When a court execution officer has received delivery of movables, he/she shall( )

sell such property through the procedure of sale in execution against movables, andsubmit the proceeds of such sale to the execution court.

( )Article 164 Commission of Registration of Transfer1 When an assignment order or a transfer order has become final and binding for( )

the claim prescribed in Article 150, or when a sale based on a sale order has beenterminated, a court clerk shall, upon petition, commission registration of transferof the statutory lien, pledge or mortgage for the obligee effecting a seizure or thepurchaser who acquired such claim, and commission cancellation of registrationunder the provisions of said Article.2 In the case of making a commission under the provisions of the preceding( )

paragraph excluding the case prescribed in the following paragraph , the( )

commission document shall have attached an authenticated copy of an assignmentorder or a transfer order or a transcript of a document prepared by a courtexecution officer with regard to a sale based on a sale order.3 In the case of making a commission under the provisions of paragraph 1 , when( ) ( )

making a commission under the provisions of Article 18 of the Real PropertyRegistration Act Act No. 123 of 2004 as applied mutatis mutandis pursuant to( )

Article 16 2 of said Act including the cases where it is applied mutatis mutandis( ) (

pursuant to other laws and regulations , information proving the fact that an)

assignment order or a transfer order has been issued or information proving thecontents of a document prepared by a court execution officer with regard to a salebased on a sale order shall be submitted along with the commission information.4 The registration and license tax and any other costs required for a commission( )

under the provisions of paragraph 1 shall be borne by the obligee effecting a( )

seizure or the purchaser prescribed in said paragraph.5 In cases where registration has been made pursuant to the provisions of Article( )

150, when a document proving that a payment or a statutory deposit was made forthe seized claim has been submitted, a court clerk shall, upon petition, commissioncancellation of said registration. The same shall apply when the petition forexecution against a claim has been withdrawn or when an order to revoke an order

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of seizure has become final and binding.6 The registration and license tax and any other costs required for a commission( )

under the provisions of the preceding paragraph shall be borne by the obligor inthe case set forth in the first sentence of said paragraph, and by the obligeeeffecting a seizure in the case set forth in the second sentence of said paragraph.

( )Article 165 Scope of Obligees who Are to Receive Liquidating Distribution, etc.Obligees who are to receive liquidating distribution, etc. shall be obligees who have

carried out a seizure or execution of a provisional seizure or have made a demand forliquidating distribution by any of the following times:

i The time when the third party obligor made a statutory deposit under the( )

( ) ( )provisions of Article 156 1 or 2ii The time when a complaint for a suit for collection was served upon the third( )

party obligoriii The time when a court execution officer received delivery of proceeds based on( )

a sale orderiv In the case of a seizure of a claim for delivery of movables, the time when a( )

court execution officer received delivery of such movables

( )Article 166 Implementation of Liquidating Distribution, etc.1 An execution court shall implement liquidating distribution, etc. in any of the( )

following cases, in addition to the cases prescribed in Article 109 as appliedmutatis mutandis pursuant to Article 161 6 :( )

i Cases where a statutory deposit was made under the provisions of Article 156( )

( ) ( ) ( )1 or 2 or Article 157 5ii Cases where a sale was carried out based on a sale order( )

iii Cases where proceeds were submitted pursuant to the provisions of Article( )

( )163 22 The provisions of Article 84, Article 85 and Articles 88 to 92 shall apply mutatis( )

mutandis to the procedure of liquidating distribution, etc. to be implemented by anexecution court pursuant to the provisions of the preceding paragraph.

( )Article 167 Compulsory Execution against any Other Property Right1 Compulsory execution against a property right other than real property, a vessel,( )

movables or a claim hereinafter referred to as "any other property right" in this(

Article shall be governed by the rules of execution against a claim, except as)

otherwise provided.2 With regard to the jurisdiction for compulsory execution, any other property( )

right for which registration is required in the case of transfer of the right shall bedeemed to exist at the place of such registration.

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3 A seizure shall become effective against any other property right for which no( )

third party obligor nor person equivalent thereto exists, at the time when the orderof seizure was served upon the obligor.4 In cases where, prior to the service of an order of seizure, registration of a( )

seizure was made for any other property right for which registration is required inthe case of transfer of the right, the seizure shall become effective at the timewhen the registration of the seizure was made; provided, however, that against anyother property for which restriction of disposition of the right shall not be effectivewithout making registration thereof, a seizure shall become effective at the timewhen registration of the seizure was made, even if registration of the seizure wasmade after the service of an order of seizure.5 The provisions of Article 48, Article 54 and Article 82 shall apply mutatis( )

mutandis to registration concerning compulsory execution against any other rightfor which registration is required in the case of transfer of the right.

Division 2 Execution against a Claim Relating to an Action on SmallClaim

Article 167-2 Commencement of Execution against a Claim Relating to an Action on(

)Small Claim, etc.1 Compulsory execution against a monetary claim based on the title of obligation( )

pertaining to an action on small claim set forth in any of the following items shallbe carried out by a court pursuant to the provisions of the preceding Division and,notwithstanding the provisions of Article 2, be carried out by a court clerkpursuant to the provisions of this Division, upon petition:i A final and binding judgment made in an action on small claim( )

ii A judgment of an action on small claim with a declaration of provisional( )

executioniii A disposition by a court clerk determining court costs or the amount of the( )

burden of costs for settlement in an action on small claimiv A record of a settlement or acknowledgment in an action on small claim( )

v An order in lieu of settlement under the provisions of Article 275-2 1 of the( ) ( )

Code of Civil Procedure in an action on small claim2 The compulsory execution carried out by a court clerk pursuant to the provisions( )

of the preceding paragraph hereinafter referred to as "execution against a claim(

relating to an action on small claim" in this Division shall be commenced through)

a disposition of seizure by a court clerk.3 A petition for execution against a claim relating to an action on small claim shall( )

be filed with a court clerk of the summary courts specified in the following itemsfor the categories of the title of obligation set forth respectively in those items:

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i The title of obligation set forth in paragraph 1 i : The summary court that( ) ( )( )

has made the judgment set forth in said itemii The title of obligation set forth in paragraph 1 ii : The summary court that( ) ( )( )

has made the judgment set forth in said itemiii The title of obligation set forth in paragraph 1 iii : The summary court to( ) ( )( )

which the court clerk who has made the disposition set forth in said item belongsiv The title of obligation set forth in paragraph 1 iv : The summary court in( ) ( )( )

which the settlement set forth in said item was concluded or theacknowledgment set forth in said item was madev The title of obligation set forth in paragraph 1 v : The summary court that( ) ( )( )

has issued the order in lieu of settlement set forth in said item4 The provisions of Article 144 3 and 4 shall apply mutatis mutandis to the( ) ( ) ( )

case where another disposition of seizure has been made for the monetary claimpertaining to a seizure limited to a monetary claim seized based on a disposition(

of seizure; hereinafter the same shall apply in this Division . In this case, the)

( )phrase "the execution court that has issued such order of seizure" in paragraph 3of said Article shall be deemed to be replaced with "the summary court to whichthe court clerk who has made such disposition of seizure belongs," the phrase "theearlier execution court may" in said paragraph shall be deemed to be replaced with"the earlier court clerk may," the phrase "the other execution court" in saidparagraph shall be deemed to be replaced with "a court clerk of the other summarycourt," and the term "order" in paragraph 4 of said Article shall be deemed to be( )

replaced with "disposition by a court clerk."

( )Article 167-3 Execution CourtFor a disposition of execution made by a court clerk in the procedure of execution

against a claim relating to an action on small claim, the execution court shall be thesummary court to which said court clerk belongs.

( )Article 167-4 Effects of a Disposition of Execution by a Court Clerk, etc.1 A disposition of execution made by a court clerk in the procedure of execution( )

against a claim relating to an action on small claim shall become effective bygiving a notice thereof by a method found to be reasonable, except as otherwiseprovided for.2 Against a disposition of execution made by a court clerk under the provisions of( )

the preceding paragraph, an objection to a disposition of execution may be filedwith the execution court.3 The provisions of the first sentence of Article 10 6 and Article 10 9 shall( ) ( ) ( )

apply mutatis mutandis to cases where an objection to a disposition of executionunder the provisions of the preceding paragraph has been filed.

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( )Article 167-5 Disposition of Seizure1 A court clerk shall, in a disposition of seizure, prohibit the obligor from collecting( )

or otherwise disposing the monetary claim and prohibit the third party obligorfrom providing performance to the obligor.2 The provisions of Article 145 2 to 4 shall apply mutatis mutandis to a( ) ( ) ( )

disposition of seizure.3 Any objection to a disposition of execution filed against a disposition made by a( )

court clerk on a petition for a disposition of seizure shall be filed within anunextendable period of one week from the day on which the notice of suchdisposition has been received.4 An appeal against a disposition of execution may be filed against a judicial( )

decision on the objection to a disposition of execution set forth in the precedingparagraph.5 The provisions of Article 74 1 of the Code of Civil Procedure shall apply( ) ( )

mutatis mutandis to a disposition made by a court clerk on a petition for adisposition on seizure. In this case, the provisions of paragraph 3 , the preceding( )

paragraph, and paragraph 3 of said Article shall apply mutatis mutandis.( )

( )Article 167-6 Prepayment of Expenses, etc.1 With regard to application of the provisions of Article 14 1 and 4 to( ) ( ) ( )

execution against a claim relating to an action on small claim, the term "executioncourt" in these provisions shall be deemed to be replaced with "court clerk."2 The provisions of Article 14 2 and 3 shall not apply to a disposition by a( ) ( ) ( )

court clerk under the provisions of paragraph 1 of said Article as applied( )

pursuant to the provisions of the preceding paragraph by replacing the terms.3 Any objection to a disposition of execution filed against a disposition made by a( )

court clerk under the provisions of Article 14 4 as applied pursuant to the( )

provisions of paragraph 1 by replacing the terms shall be filed within an( )

unextendable period of one week from the day on which the notice of suchdisposition has been received.4 An appeal against a disposition of execution may be filed against a judicial( )

decision to dismiss the objection to a disposition of execution set forth in thepreceding paragraph.5 A disposition by a court clerk to rescind the procedure of execution against a( )

claim relating to an action on small claim pursuant to the provisions of Article 144 as applied mutatis mutandis pursuant to the provisions of paragraph 1 by( ) ( )

replacing the terms shall not be effective until it becomes final and binding.

( )Article 167-7 Court with Jurisdiction over a Third Party Action against Execution

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Notwithstanding the provisions of Article 38 3 , a third party action against( )

execution seeking non-permission of execution against a claim relating to an actionon small claim shall be under the jurisdiction of the district court having jurisdictionover the location of the execution court.

( )Article 167-8 Change in the Scope of Seizure-Prohibited Claims1 An execution court may, upon petition, order revocation of all or part of a( )

disposition of seizure or order that a disposition of seizure be made for the portionof a monetary claim of which seizure is prohibited pursuant to the provisions ofArticle 152 as applied mutatis mutandis pursuant to Article 167-14, taking intoconsideration the living conditions of the obligor and the obligee s and any other( )

circumstances.2 When there has been a change in circumstances, an execution court may, upon( )

petition, order that a disposition of seizure be made for a monetary claim for whicha disposition of seizure had been revoked pursuant to the provisions of thepreceding paragraph or revoke all or part of a disposition of seizure that has beenmade under the provisions of said paragraph.3 The provisions of Article 153 3 to 5 shall apply mutatis mutandis to cases( ) ( ) ( )

where the petition set forth in the preceding two paragraphs has been filed. In thiscase, the term "an order of seizure" in paragraph 4 of said Article shall be( )

deemed to be replaced with "a disposition of seizure."

( )Article 167-9 Demand for Liquidating Distribution1 An obligee having an enforceable authenticated copy of a title of obligation and( )

an obligee who has proved that he/she has a statutory lien based on a documentmay make a demand for liquidating distribution to a court clerk.2 The provisions of Article 154 2 shall apply mutatis mutandis to cases where( ) ( )

the demand for liquidating distribution set forth in the preceding paragraph hasbeen made.3 Any objection to a disposition of execution filed against a disposition made by a( )

court clerk to dismiss the demand for liquidating distribution set forth inparagraph 1 shall be filed within an unextendable period of one week from the( )

day on which the notice of such disposition has been received.4 An appeal against a disposition of execution may be filed against a judicial( )

decision to dismiss the objection to a disposition of execution set forth in thepreceding paragraph.

( )Article 167-10 Transfer for Seeking an Assignment Order, etc.1 When an obligee effecting a seizure intends to seek any one of an assignment( )

order, transfer order, sale order, administration order, or any other order that

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orders a realization through a reasonable method hereinafter referred to as an(

"assignment order, etc." in this Article for the monetary claim pertaining to a)

seizure, he/she shall, by clarifying which one of the assignment order, etc. he/sheseeks, file a petition with the execution court seeking transfer of the case to theprocedure of execution against a claim.2 When the petition set forth in the preceding paragraph has been filed by( )

clarifying the type of order prescribed in said paragraph, the execution court shalltransfer the case to the procedure of execution against a claim at the district courthaving jurisdiction over the location of the execution court.3 When an objection to a disposition of execution or an appeal against a disposition( )

of execution was filed against a disposition of execution already made, prior to thetime when an order under the provisions of the preceding paragraph becameeffective, said order shall not be effective until a judicial decision on such objectionto a disposition of execution or appeal against a disposition of execution becomesfinal and binding.4 No appeal may be entered against an order under the provisions of paragraph( )

2 .( )

5 An appeal against a disposition of execution may be filed against an order to( )

dismiss the petition set forth in paragraph 1 .( )

6 When an order under the provisions of paragraph 2 has become effective, the( ) ( )

petition for an order of seizure or the petition for an assignment order, etc. shall bedeemed to have been filed with the district court prescribed in paragraph 2 at( )

the time when the petition for a disposition of seizure or the petition set forth inparagraph 1 was filed, and any disposition of execution already made or any( )

other act already conducted shall be deemed to be a disposition of execution madeor any other act conducted in the procedure of execution against a claim.

( )Article 167-11 Transfer for Seeking Liquidating Distribution, etc.1 In cases where a statutory deposit has been made pursuant to the provisions of( )

Article 156 1 or 2 or Article 157 5 as applied mutatis mutandis pursuant to( ) ( ) ( )

Article 167-14, if liquidating distribution is to be implemented since there are twoor more obligees and it is not possible to fully perform the claims and executioncosts of the respective obligees with the deposit money, the execution court shalltransfer its case to the procedure of execution against a claim at the district courthaving jurisdiction over the location of the execution court.2 In the cases prescribed in the preceding paragraph, if another order of seizure or( )

disposition of seizure has been made for the monetary claim pertaining to aseizure, the execution court may transfer its case to the procedure of executionagainst a claim at the execution court that has issued said order of seizure or atthe district court having jurisdiction over the location of the summary court to

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which the court clerk who has made said disposition of seizure belongs, in additionto the procedure of execution against a claim at the district court prescribed in saidparagraph.3 In cases where a statutory deposit has been made under the provisions of( )

paragraph 1 , if there is only one obligee or in cases where there are two or more( )

obligees and it is possible to fully perform the claims and execution costs of therespective obligees with the deposit money, a court clerk shall prepare a statementof delivery of the deposit money, and deliver payment money to the obligee s and( )

deliver any surplus to the obligor.4 In the cases prescribed in the preceding paragraph, if another order of seizure( )

has been issued for the monetary claim pertaining to a seizure, the execution courtmay transfer its case to the procedure of execution against a claim at the districtcourt having jurisdiction over the location of the execution court or at the executioncourt that has issued said order of seizure.5 In cases where another order of seizure has been issued for the monetary claim( )

pertaining to a seizure, if the execution court that has issued said order of seizureis to implement liquidating distribution, etc. pursuant to the provisions of Article109 as applied mutatis mutandis pursuant to Article 161 6 or pursuant to the( )

provisions of Article 166 1 ii , the earlier execution court shall transfer its case( )( )

to the procedure of execution against a claim at the execution court that has issuedsaid order of seizure.6 No appeal may be entered against an order under the provisions of paragraph( )

1 , paragraph 2 , paragraph 4 or the preceding paragraph.( ) ( ) ( )

7 The provisions of Article 84 3 and 4 , Article 88, Article 91 excluding( ) ( ) ( ) (

paragraph 1 vi and vii and Article 92 1 shall apply mutatis mutandis to( )( ) ( )) ( )

the procedure of delivery of payment money implemented by a court clerk pursuantto the provisions of paragraph 3 , the provisions of paragraph 3 of the( ) ( )

preceding Article shall apply mutatis mutandis to an order under the provisions ofparagraph 1 , paragraph 2 , paragraph 4 or paragraph 5 , and the( ) ( ) ( ) ( )

provisions of paragraph 6 of said Article shall apply mutatis mutandis to cases( )

where an order under the provisions of paragraph 1 , paragraph 2 , paragraph( ) ( )

4 or paragraph 5 has become effective.( ) ( )

( )Article 167-12 Discretionary Transfer1 An execution court may, when it finds it to be reasonable by taking into( )

consideration the contents of the monetary claim to be seized and any othercircumstances, transfer its case to the procedure of execution against a claim at thedistrict court having jurisdiction over the location of the execution court.2 No appeal may be entered against an order under the provisions of the preceding( )

paragraph.

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3 The provisions of Article 167-10 3 shall apply mutatis mutandis to an order( ) ( )

under the provisions of paragraph 1 , and the provisions of paragraph 6 of said( ) ( )

Article shall apply mutatis mutandis to cases where an order under the provisionsof paragraph 1 has become effective. In this case, the phrase "the petition for a( )

( ) ( )disposition of seizure or the petition set forth in paragraph 1 " in paragraph 6of said Article shall be deemed to be replaced with "the petition for a disposition ofseizure," and the phrase "the petition for an order of seizure or the petition for anassignment order, etc." in said paragraph shall be deemed to be replaced with "thepetition for an order of seizure."

( )Article 167-13 Application of the General ProvisionsWith regard to application of the provisions of Chapter I and Chapter II, Section 1

to execution against a claim relating to an action on small claim, the phrase"procedures with an execution court" in Article 13 1 shall be deemed to be replaced( )

with "procedures of the execution against a claim relating to an action on small claimprescribed in Article 167-2 2 ," the term "execution court" in Article 16 1 shall be( ) ( )

deemed to be replaced with "court clerk," the phrase "civil execution carried out by anexecution court" in Article 17 shall be deemed to be replaced with "the executionagainst a claim relating to an action on small claim prescribed in Article 167-2 2 ,"( )

the phrase "the execution court or court execution officer" in Article 40 1 shall be( )

deemed to be replaced with "the court clerk," and the phrase "a court clerk of theexecution court" in Article 42 4 shall be deemed to be replaced with "a court clerk."( )

Article 167-14 Application Mutatis Mutandis of the Provisions on Execution against(

)a ClaimThe provisions of Articles 146 to 152, Articles 155 to 158, Article 164 5 and 6 ,( ) ( )

and Article 165 excluding item iii and item iv shall apply mutatis mutandis to( ( ) ( ))

execution against a claim relating to an action on small claim. In this case, the term"execution court" in Article 146, Article 155 3 and Article 156 3 shall be deemed( ) ( )

to be replaced with "court clerk," the phrase "issue an order of seizure" in Article 1461 shall be deemed to be replaced with "make a disposition of seizure," the term( )

( ) ( ) ( )"order of seizure" in Article 147 1 , Article 148 2 , Article 150 and Article 155 1shall be deemed to be replaced with "disposition of seizure," the phrase "claimpertaining to a seizure" in Article 147 1 and Article 148 1 shall be deemed to be( ) ( )

replaced with "monetary claim pertaining to a seizure," the phrase "an order ofseizure is issued" in Article 149 shall be deemed to be replaced with "a disposition ofseizure is made," the phrase "an order to revoke an order of seizure" in Article 1645 shall be deemed to be replaced with "an order to revoke an order of seizure or a( )

disposition by a court clerk to revoke a disposition of seizure," and the term"liquidating distribution, etc." in Article 165 including the title of the Article shall( )

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be deemed to be replaced with "delivery of payment money."

Subsection 5 Special Provisions on Compulsory Execution for a MonetaryClaim pertaining to Duty to Support, etc.

Article 167-15 Indirect Compulsory Execution for a Monetary Claim pertaining to(

)Duty to Support, etc.1 Compulsory execution for a monetary claim pertaining to any of the duties listed( )

in the items of Article 151-2 1 shall be carried out pursuant to the provisions of( )

the preceding Subsections as well as, when a petition has been filed by the obligee,be carried out by the execution court by the method prescribed in Article 172 1 ;( )

provided, however, that this shall not apply when the obligor is unable to performthe obligation pertaining to such monetary claim due to a lack of the ability to payor when the obligor is to fall into extreme poverty through performance of theobligation.2 In the case of carrying out compulsory execution for the monetary claim( )

prescribed in the preceding paragraph pursuant to the provisions of said paragraphby the method prescribed in Article 172 1 , the execution court shall, when( )

determining the amount of money to be paid by the obligor to the obligee,particularly take into account the disadvantages to be incurred by the obligeethrough default of the obligation and the financial resources of the obligor and themode of his/her performance of the obligation in the past.3 When there has been a change in circumstances, an execution court may, upon( )

( )petition by the obligor, revoke an order under the provisions of paragraph 1retroactively as of the time when such petition was filed or, if there was a change(

in circumstances after such petition was filed, the time of such change incircumstances .)4 When the petition set forth in the preceding paragraph has been filed, an( )

execution court may, until a judicial decision on such petition becomes effective,order a stay of execution of an order under the provisions of paragraph 1 , while( )

requiring or not requiring provision of security.5 No appeal may be entered against an order under the provisions of the preceding( )

paragraph.6 The provisions of Article 172 2 to 5 shall apply mutatis mutandis to the case( ) ( ) ( )

set forth in paragraph 1 , the provisions of paragraph 3 and paragraph 5 of( ) ( ) ( )

said Article shall apply mutatis mutandis to the case set forth in paragraph 3 ,( )

and the provisions of Article 173 2 shall apply mutatis mutandis to the execution( )

court set forth in paragraph 1 .( )

Article 167-16 Special Provisions on Cases of Enforcing a Claim for Periodic(

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)Payments pertaining to Duty to Support, etc.In cases where the obligee has a claim for periodic payments with provisions on

fixed due dates pertaining to any of the duties listed in the items of Article 151-2 1 ,( )

if any part of such claim is in default, compulsory execution by the method prescribedin paragraph 1 of the preceding Article may be commenced even for the portion of( )

said claim for periodic payments for which the fixed due date is to arrive within sixmonths, notwithstanding the provisions of Article 30 1 .( )

Section 3 Compulsory Execution for a Claim not Intended for Payment ofMoney

( )Article 168 Compulsory Execution of Delivery, etc. of Real Property1 Compulsory execution of delivery or surrender of real property, etc. meaning( ) (

real property or a vessel, etc. in which a person resides; hereinafter the same shallapply in this Article and in the following Article shall be carried out by the)

method in which a court execution officer releases the real property, etc. from theobligor's possession and has the obligee acquire the possession of such realproperty, etc.2 A court execution officer may, when it is particularly necessary for identifying( )

the possessor of the real property, etc. set forth in the preceding paragraph inorder to carry out the compulsory execution set forth in said paragraph, askquestions to a person present at said real property, etc. or request such person topresent documents at the place of said real property, etc. or a place adjacentthereto.3 The compulsory execution set forth in paragraph 1 may be carried out only( ) ( )

when the obligee or his/her agent appeared at the place of execution.4 When carrying out the compulsory execution set forth in paragraph 1 , a court( ) ( )

execution officer may enter the real property, etc. possessed by the obligor, and if itis necessary, take a necessary measure to open a closed door.5 In the compulsory execution set forth in paragraph 1 , a court execution officer( ) ( )

shall remove any movables that is not the subject matter of such compulsoryexecution, and deliver such movables to the obligor, the obligor's agent, or arelative, employee or any other worker living together who has reasonablediscretion. In this case, if it is not possible to deliver such movables to any of suchpersons, the court execution officer may sell such movables pursuant to theprovisions of the Rules of the Supreme Court.6 If any part of the movables set forth in the preceding paragraph has not been( )

delivered or sold under the provisions of said paragraph, a court execution officershall retain such part of the movables. In this case, the provisions of the secondsentence of the preceding paragraph shall apply mutatis mutandis.

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7 The expenses for retention under the provisions of the preceding paragraph shall( )

be execution costs.8 When a court execution officer has sold movables pursuant to the provisions of( )

paragraph 5 including the cases where it is applied mutatis mutandis pursuant( ) (

to the second sentence of paragraph 6 , he/she shall deduct the expenses( ))

required for the sale and retention from the proceeds of such sale and make astatutory deposit of the remainder.9 The provisions of Article 57 5 shall apply mutatis mutandis to the compulsory( ) ( )

execution set forth in paragraph 1 .( )

( )Article 168-2 Demand for Surrender1 In cases where a petition for compulsory execution of delivery or surrender of( )

real property, etc. has been filed, if it is possible to commence said compulsoryexecution, a court execution officer may make a demand for surrender meaning a(

demand for delivery or surrender of real property, etc.; hereinafter the same shallapply in this Article by specifying the time limit for delivery prescribed in the)

following paragraph; provided, however, that this shall not apply when the obligoris not in possession of said real property, etc.2 The time limit for delivery meaning the time limit for carrying out compulsory( ) (

execution under the provisions of paragraph 6 based on a demand for surrender;( )

hereinafter the same shall apply in this Article shall be the day on which one)

month has elapsed from the day on which the demand for surrender was made;provided, however, that a court execution officer may designate another date as thetime limit for delivery by obtaining the permission of the execution court.3 A court execution officer shall, when he/she has made a demand for surrender,( )

give public notice of such fact, the time limit for delivery, and the fact that theobligor is prohibited from transferring the possession of the real property, etc.pursuant to the provisions of paragraph 5 by the method of posting a written( )

public notice or any other sign at the place where said real property, etc. is located.4 Until the time limit for delivery has been reached, a court execution officer may( )

extend the time limit for delivery by obtaining the permission of the executioncourt. In this case, the court execution officer shall give public notice of the factthat the time limit for delivery has changed and the changed time limit fordelivery by the method of posting a written public notice or any other sign at theplace where said real property, etc. is located.5 When a demand for surrender is made, the obligor shall not transfer the( )

possession of the real property, etc.; provided, however, that this shall not apply tothe case of delivering or surrendering the real property, etc. to the obligee.6 If possession of real property, etc. was transferred after a demand for surrender( )

was made, until the time limit for delivery has been reached, compulsory execution

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based on the petition set forth in paragraph 1 may be carried out against the( )

possessor meaning a person possessing the real property, etc. set forth in(

paragraph 1 who is not the obligor; hereinafter the same shall apply in this( )

Article . In this case, said possessor shall be deemed to be the obligor with regard)

to application of the provisions of Article 42 and the preceding Article.7 If possession of real property, etc. was transferred after a demand for surrender( )

was made, the possessor may file an action seeking non-permission of compulsoryexecution against the obligee on the basis that he/she had no knowledge of ademand for surrender having been made and he/she is not a successor to theobligor's possession. In this case, the provisions of Article 36, Article 37 and Article38 3 shall apply mutatis mutandis.( )

8 A possessor who took possession of the real property, etc. after a demand for( )

surrender was made shall be presumed to have taken possession of the realproperty, etc. knowing that said demand for surrender has been made.9 When compulsory execution has been carried out against a possessor pursuant to( )

the provisions of paragraph 6 , said possessor may assert, as the basis for filing( )

an objection to a disposition of execution, that he/she possesses the subject matterbased on a title which may be duly asserted against the obligee or that he/she hadno knowledge of a demand for surrender having been made and he/she is not asuccessor to the obligor's possession.10 The expenses required for a demand for surrender shall be execution costs.( )

( )Article 169 Compulsory Execution of Delivery of Movables1 Compulsory execution of delivery of movables including securities other than( ) ( )

the movables prescribed in Article 168 1 shall be carried out by the method in( )

which a court execution officer confiscates such movables from the obligor anddelivers it to the obligee.2 The provisions of Article 122 2 , Article 123 2 and Article 168 5 to 8 shall( ) ( ) ( ) ( ) ( )

apply mutatis mutandis to the compulsory execution set forth in the precedingparagraph.

Article 170 Compulsory Execution of Delivery in Cases where a Third Party(

)Possesses the Subject Matter1 In cases where a third party possesses the subject matter of compulsory( )

execution, if such third person is liable to deliver said object to the obligor,compulsory execution of delivery of the object shall be carried out by the method inwhich the execution court seizes the obligor's claim for delivery against the thirdparty and issues an order permitting the obligee to exercise such claim.

( ) ( )2 The provisions of Article 144, Article 145, Article 147, Article 148, Article 155 1and 2 and Article 158 shall apply mutatis mutandis to the compulsory( )

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execution set forth in the preceding paragraph.

( )Article 171 Execution by Substitute1 Compulsory execution pertaining to the request prescribed in the main clause of( )

Article 414 2 or Article 414 3 of the Civil Code shall be carried out by the( ) ( )

method in which the execution court issues an order in accordance with theprovisions of the Civil Code.2 The execution court set forth in the preceding paragraph shall be the courts( )

specified in Article 33 2 i and vi for the categories of the title of obligation set( )( ) ( )

forth respectively in those items.3 An execution court shall interrogate the obligor in cases of issuing the order set( )

forth in paragraph 1 .( )

4 In cases of issuing the order set forth in paragraph 1 , an execution court may,( ) ( )

upon petition, order the obligor to pay to the obligee, in advance, the expensesnecessary for conducting the act set forth in such order.5 An appeal against a disposition of execution may be filed against a judicial( )

decision on the petition for the compulsory execution set forth in paragraph 1 or( )

on the petition set forth in the preceding paragraph.6 The provisions of Article 6 2 shall apply mutatis mutandis to the case of( ) ( )

executing the order set forth in paragraph 1 .( )

( )Article 172 Indirect Compulsory Execution1 Compulsory execution for an obligation of action or inaction for which it is not( )

possible to carry out the compulsory execution set forth in paragraph 1 of the( )

preceding Article shall be carried out by the method in which the execution courtorders the obligor to pay to the obligee money of a certain amount that is found tobe reasonable for securing performance of the obligation, according to the period ofthe delay or immediately if the obligor fails to perform the obligation within acertain period that is found to be reasonable.2 When there has been a change in circumstances, an execution court may, upon( )

petition, change an order under the provisions of the preceding paragraph.3 An execution court shall interrogate the opposite party of the petition in cases of( )

issuing an order under the provisions of the preceding two paragraphs.4 In cases where there has been payment of money that was ordered pursuant to( )

the provisions of paragraph 1 , if the amount of damages that resulted from( )

default of the obligation exceeds the amount of payment, the obligee shall not beprecluded from claiming compensation for damages for such amount in excess.5 An appeal against a disposition of execution may be filed against a judicial( )

decision on the petition for the compulsory execution set forth in paragraph 1 or( )

on the petition set forth in paragraph 2 .( )

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6 The provisions of paragraph 2 of the preceding Article shall apply mutatis( ) ( )

mutandis to the execution court set forth in paragraph 1 .( )

Article 1731 The compulsory execution prescribed in Article 168 1 , Article 169 1 , Article( ) ( ) ( )

170 1 and Article 171 1 shall be carried out pursuant to the provisions of( ) ( )

Articles 168 to 171 respectively as well as, when a petition has been filed by theobligee, be carried out by the execution court by the method prescribed inparagraph 1 of the preceding Article. In this case, the provisions of paragraphs( )

2 to 5 of said Article shall apply mutatis mutandis.( ) ( )

2 The execution court set forth in the preceding paragraph shall be, for the( )

( )categories of the title of obligation set forth in the items of Article 33 2excluding item i -2 and item iv , the court with jurisdiction over an action for( ( ) ( ))

grant of a certificate of execution with regard to the respective titles of obligation.

( )Article 174 Constructive Manifestation of Intention1 When a judgment or any other judicial decision ordering the obligor to manifest( )

his/her intention has become final and binding, or when a title of obligationpertaining to a settlement, acknowledgment, mediation or labor tribunal judgmenthas been established, the obligor shall be deemed to have manifested his/herintention at the time when such judicial decision became final and binding or suchtitle of obligation was established; provided, however, that if the manifestation ofintention by the obligor relates to actualization of a fact to be proved by an obligee,the obligor shall be deemed to have manifested his/her intention at the time whena certificate of execution was granted pursuant to the provisions of Article 27 1 ,( )

and if it relates to an exchange with counter-performance or relates to absence of afact to be proved by the obligor such as performance of an obligation, the obligorshall be deemed to have manifested his/her intention at the time when a certificateof execution was granted pursuant to the provisions of the following paragraph orparagraph 3 .( )

2 In cases where manifestation of intention by the obligor relates to an exchange( )

with counter-performance, a certificate of execution may be granted only when theobligee has submitted a document proving that the counter-performance has beenprovided or an offer thereof has been made.3 In cases where manifestation of intention by the obligor relates to absence of a( )

fact to be proved by the obligor, if a petition for grant of a certificate of executionhas been filed, a court clerk shall demand the obligor to submit a documentproving such absence by specifying a certain period and may grant a certificate ofexecution only when the obligor fails to submit such document within such period.

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Article 175 Deleted

Article 176 Deleted

Article 177 Deleted

Article 178 Deleted

Article 179 Deleted

Chapter III Auction, etc. for Exercise of a Security Interest

( )Article 180 Method of Exercise of a Real Property Security InterestExercise of a security interest in real property excluding any fixtures on land that(

are not registrable, and including what are deemed to be real property pursuant to( ) )the provisions of Article 43 2 ; hereinafter the same shall apply in this Chapter

hereinafter referred to as a "real property security interest" in this Chapter shall( )

be carried out by either of the following methods that has been chosen by the obligee:i The method of a secured real property auction meaning exercise of a real( ) (

property security interest through an auction; hereinafter the same shall apply)in this Chapter

ii The method of execution against earnings from secured real property( )

meaning exercise of a real property security interest by the method of allotting(

the earnings from real property to performance of the secured claim; hereinafter)the same shall apply in this Chapter

( )Article 181 Commencement of Exercise of a Real Property Security Interest1 Exercise of a real property security interest shall be commenced only when any( )

of the following documents has been submitted:i A transcript of a final and binding judgment, an adjudication under Article 15( )

of the Domestic Affairs Adjustment Act Act No. 152 of 1947 , or a document( )

that has the same effect as such judgment or adjudication, proving the existenceof the security interestii A transcript of a notarial deed prepared by a notary, proving the existence of( )

the security interestiii A certificate of the registered matters concerning registration excluding( ) (

provisional registration of the security interest)

iv In the case of a general statutory lien, a document proving its existence( )

2 In order for a holder of mortgage securities to file a petition for exercise of a real( )

property security interest, he/she shall submit the mortgage securities.

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3 In the case of filing a petition for exercise of a real property security interest( )

after the security interest has been succeeded, a document proving such successionshall be submitted if such succession is inheritance or any other generalsuccession, and a transcript of a judicial decision or any other official documentproving such succession shall be submitted if such succession is that other thangeneral succession.4 When a commencement order for exercise of a real property security interest has( )

been issued, a court clerk shall, at the time of servicing the commencement order,send to the opposite party a list of the documents prescribed in the preceding threeparagraphs that have been submitted upon the filing of a petition for exercise of areal property security interest and a copy of the document set forth in paragraph1 iv if any.( )( )

Article 182 Appeal against a Disposition of Execution, etc. Filed against a(

)Commencement OrderThe obligor or the owner of real property or, for what is deemed to be real(

property, its right holder; the same shall apply hereinafter may assert absence or)

extinguishment of the security interest as the basis for filing an appeal against adisposition of execution or an objection to a disposition of execution against acommencement order for exercise of a real property security interest.

( )Article 183 Stay of the Procedure of Exercise of a Real Property Security Interest1 The procedure of exercise of a real property security interest shall be stayed( )

when any of the following documents has been submitted:i A transcript of a final and binding judgment including a document that has( ) (

the same effect as a final and binding judgment; the same shall apply in thefollowing item proving absence of the security interest)

ii A transcript of a final and binding judgment, which revokes or declares( )

invalidity of the judicial decision set forth in Article 181 1 i or a document( )( )

that has the same effect as such judicial decision or which orders cancellation ofthe registration set forth in item iii of said paragraph( )

iii A transcript of a record of a judicial settlement or any other official document( )

containing a statement to the effect that the security interest shall not beexercised or that the petition for exercise of the security interest shall bewithdrawn or that the obligee has received performance of the claim secured bythe security interest or has granted grace of performance of such claimiv A certificate of the registered matters concerning cancellation of registration( )

of the security interestv A transcript of a judicial decision ordering a stay of the procedure of exercise( )

of a real property security interest and revocation of a disposition of execution

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vi A transcript of a judicial decision ordering a temporary stay of the procedure( )

of exercise of a real property security interestvii A transcript of a judicial decision temporarily prohibiting exercise of the( )

security interest2 When any of the documents listed in items i to v of the preceding( ) ( ) ( )

paragraph has been submitted, the execution court shall revoke even a dispositionof execution that has already been made.3 The provisions of Article 12 shall not apply to an order under the provisions of( )

the preceding paragraph.

( )Article 184 Effects of Acquisition of Real Property Through Payment of the PriceAcquisition of real property by the purchaser through payment of the price in a

secured real property auction shall not be obstructed by absence or extinguishment ofthe security interest.

Article 185 Deleted

Article 186 Deleted

Article 187 Temporary Restraining Order prior to a Commencement Order for a(

)Secured Real Property Auction, etc.1 Even prior to a commencement order for a secured real property auction, if it is( )

particularly necessary in cases where the obligor or the owner or possessor of realproperty has committed a price reducing act meaning the price reducing act(

prescribed in Article 55 1 ; hereinafter the same shall apply in this paragraph ,( ) )

the execution court may, upon petition by a person who intends to file a petitionfor a secured real property auction of said real property, issue the temporaryrestraining order and/or the temporary restraining order to give public notice setforth in any of the items of paragraph 1 of said Article, until the purchaser pays( )

the price; provided, however, that this shall not apply when the reduction in theprice caused by such price reducing act or the extent of such likelihood is slight.2 The temporary restraining order set forth in Article 55 1 ii or iii may not( ) ( )( ) ( )

be issued unless either of the following cases applies:i Cases where the obligor set forth in the preceding paragraph or the owner of( )

the real property set forth in said paragraph possesses the real propertyii Cases where the title to possession held by the possessor of the real property( )

set forth in the preceding paragraph may not be duly asserted against a personwho has filed a petition under the provisions of said paragraph

3 In order to file a petition under the provisions of paragraph 1 , the documents( ) ( )

to be submitted pursuant to the provisions of Article 181 1 to 3 in cases of( ) ( )

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filing a petition for a secured real property auction shall be presented.4 When a petitioner fails to submit a document proving that he/she has filed a( )

petition for the secured real property auction set forth in paragraph 1 within( )

three months from the day of receipt of the notice of an order granting thetemporary restraining order set forth in said paragraph, the execution court shallrevoke such order, upon petition by the respondent or the owner of the realproperty set forth in said paragraph.5 The provisions of Article 55 3 to 5 shall apply mutatis mutandis to an order( ) ( ) ( )

under the provisions of paragraph 1 , the provisions of paragraph 6 of said( ) ( )

Article shall apply mutatis mutandis to a judicial decision on the petition set forthin paragraph 1 or in paragraph 5 of said Article as applied mutatis mutandis( ) ( )

pursuant to this paragraph, the provisions of paragraph 7 of said Article shall( )

apply mutatis mutandis to an order under the provisions of paragraph 5 of said( )

Article as applied mutatis mutandis pursuant to this paragraph, the provisions ofparagraph 8 and paragraph 9 of said Article and Article 55-2 shall apply( ) ( )

mutatis mutandis to an order under the provisions of paragraph 1 excluding an( ) (

order granting the temporary restraining order or the temporary restraining order( )( )) ( )to give public notice set forth in Article 55 1 i , the provisions of Article 55 10

shall apply mutatis mutandis to expenses required for the petition set forth inparagraph 1 or execution of an order under the provisions of said paragraph( )

excluding an order granting the temporary restraining order or the temporary(

restraining order to give public notice set forth in paragraph 1 i of said( )( )

Article , the provisions of Article 83-2 shall apply mutatis mutandis to the case)

where an order under the provisions of paragraph 1 limited to an order( ) (

granting the temporary restraining order and the temporary restraining order togive public notice set forth in Article 55 1 iii has been executed. In this case,( )( ))

the phrase "possessor other than the obligor" in Article 55 3 shall be deemed to( )

be replaced with "possessor who is neither the obligor nor the owner of realproperty."

Article 188 Application Mutatis Mutandis of the Provisions on Execution against(

)Real PropertyThe provisions of Article 44 shall apply mutatis mutandis to exercise of a real

property security interest, the provisions of Section2, Subsection 1, Division 2 of thepreceding Chapter excluding Article 81 shall apply mutatis mutandis to a secured( )

real property auction, and the provisions of Division 3 of said Subsection shall applymutatis mutandis to execution against earnings from secured real property.

( )Article 189 Auction of a VesselThe provisions of Section 2, Subsection 2 of the preceding Chapter and Articles 181

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to 184 shall apply mutatis mutandis to an auction for exercise of a security interestin a vessel. In this case, the phrase "an enforceable authenticated copy of a title ofobligation" in Article 115 3 shall be deemed to be replaced with "any of the( )

documents prescribed in Article 181 1 to 3 as applied mutatis mutandis( ) ( )

( )pursuant to Article 189," and the term "a general statutory lien" in Article 181 1iv shall be deemed to be replaced with "a general statutory lien or the lien( )

specified in Article 842 of the Commercial Code."

( )Article 190 Requirements for an Auction of Movables1 An auction for exercise of a security interest in movables hereinafter referred to( ) (

as an "auction of movables" shall be commenced only in any of the following)

cases:i Cases where the obligee has submitted said movables to a court execution( )

officerii Cases where the obligee has submitted to a court execution officer a document( )

proving that the possessor of said movables has consented to a seizureiii Cases where the obligee has submitted a transcript of a written order of the( )

permission set forth in the following paragraph to a court execution officer, andthe order of said permission has be served upon the obligor prior to orsimultaneously with a search under the provisions of Article 123 2 as applied( )

mutatis mutandis pursuant to Article 1922 An execution court may, upon petition by an obligee who has submitted a( )

document proving the existence of a security interest, permit commencement of anauction of movables with regard to said security interest; provided, however, thatthis shall not apply to cases where said movables does not exist at the place or inthe container prescribed in Article 123 2 .( )

3 An order of the permission set forth in the preceding paragraph shall be served( )

upon the obligor.4 An appeal against a disposition of execution may be filed against a judicial( )


Article 191 Objection to a Disposition of Execution Filed against a Seizure of(

)MovablesThe obligor or the owner of movables may assert absence or extinguishment of the

security interest or extinguishment of part of the claim secured by the securityinterest as the basis for filing an objection to a disposition of execution against aseizure pertaining to an auction of movables.

Article 192 Application Mutatis Mutandis of the Provisions on Execution against(

)Movables

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The provisions of Section 2, Subsection 3 of the preceding Chapter excluding(

Article 123 2 , Article 128, Article 131 and Article 132 and Article 183 shall apply( ) )

mutatis mutandis to an auction of movables, the provisions of Article 128, Article 131and Article 132 shall apply mutatis mutandis to the auction of movables for exerciseof a general statutory lien, and the provisions of Article 123 2 shall apply mutatis( )

mutandis to an auction of movables in the case set forth in Article 190 1 iii .( )( )

Article 193 Requirements for Exercise of a Security Interest in a Claim or any(

)Other Property Right, etc.1 Exercise of a security interest in the claim prescribed in Article 143 or the( )

property right prescribed in Article 167 1 hereinafter referred to as "any other( ) (

property right" in this paragraph shall be commenced only when a document)

proving the existence of the security interest or, for a security interest in any(

other property right for which registration is required in the case of transfer of theright and which is not a general statutory lien, any of the documents prescribed inArticle 181 1 i to iii or Article 181 2 or 3 has been submitted. The same( )( ) ( ) ( ) ( ))

shall apply to extended exercise of a security interest by a person having a securityinterest, conducted pursuant to the provisions of the Civil Code or any other Actagainst money or any other property to be received by the obligor as a result of asale, lease or loss of or damage to the subject matter, establishment of a real righton the subject matter, or expropriation under the Land Expropriation Act Act No.(

219 of 1951 or any other administrative disposition.)

2 The provisions of Section 2, Subsection 4, Division 1 of the preceding Chapter( )

excluding Article 146 2 , Article 152 and Article 153 and Articles 182 to 184( ( ) )

shall apply mutatis mutandis to the exercise or extended exercise of a securityinterest prescribed in the preceding paragraph, and the provisions of Article 1462 , Article 152 and Article 153 shall apply mutatis mutandis to the exercise or( )

extended exercise of a general statutory lien prescribed in the preceding paragraph.

Article 194 Application Mutatis Mutandis of the General Provisions on Compulsory(

)Execution to Exercise of a Security InterestThe provisions of Article 38, Article 41 and Article 42 shall apply mutatis mutandis

to an auction for exercise of a security interest, execution against earnings fromsecured real property and the exercise and extended exercise of a security interestprescribed in paragraph 1 of the preceding Article.( )

Article 195 Auction Based on a Right of Retention and Auction for a Realization(

under the Provisions of the Civil Code, the Commercial Code or any)Other Act

An auction based on a right of retention and an auction for a realization under the

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provisions of the Civil Code, the Commercial Code or any Other Act shall begoverned by the rules of an auction for exercise of a security interest.

Chapter IV Property Disclosure Procedure

( )Article 196 JurisdictionThe district court having jurisdiction over the location of the general venue of the

obligor shall have jurisdiction over the procedure concerning disclosure of property ofan obligor under the provisions of this Chapter hereinafter referred to as the(

"property disclosure procedure" as the execution court.)

( )Article 197 Order of Implementation1 An execution court shall, when either of the following items applies, order( )

implementation of a property disclosure procedure against an obligor, upon petitionby an obligee of a monetary claim who has an enforceable authenticated copy of atitle of obligation excluding that of which the title of obligation is the one set forth(

in Article 22 ii , iii -2, iv or v or a demand for payment that has the same( ) ( ) ( ) ( )

effect as a final and binding judgment ; provided, however, that this shall not)

apply when it is not possible to commence compulsory execution based on saidenforceable authenticated copy of a title of obligation:i When the petitioner was unable to obtain full performance of said monetary( )

claim in the procedure of liquidating distribution, etc. excluding a procedure(

)that was terminated by at least six months prior to the day of filing the petitionin compulsory execution or exercise of a security interest

ii When a prima facie showing was made that the petitioner is unable to obtain( )

full performance of said monetary claim even by implementing compulsoryexecution against known property

2 An execution court shall, when either of the following items applies, order( )

implementation of a property disclosure procedure against an obligor, upon petitionby an obligee who has submitted a document proving that he/she has a generalstatutory lien in the property of the obligor:i When the petitioner was unable to obtain full performance of the secured claim( )

pertaining to said statutory lien in the procedure of liquidating distribution, etc.excluding a procedure that was terminated by at least six months prior to the(

day of filing the petition in compulsory execution or exercise of a security)

interestii When a prima facie showing was made that the petitioner is unable to obtain( )

full performance of the secured claim set forth in the preceding item even byimplementing exercise of a security interest against known property

3 Notwithstanding the provisions of the preceding two paragraphs, when the( )

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obligor or, if the obligor has a statutory agent, said statutory agent, and if the(

obligor is a juridical person, its representative person; the same shall apply in itemi has made a statement on his/her property on the property disclosure date( ))

( )the date on which property is to be disclosed; the same shall apply hereinafterwithin three years prior to the day of filing the petition set forth in the precedingtwo paragraphs, an order to implement a property disclosure procedure may not beissued; provided, however, that this shall not apply in cases where any of thefollowing grounds exist:i If the obligor failed to disclose part of his/her property on said property( )

disclosure dateii If the obligor acquired new property after said property disclosure date( )

iii If the employment relationship between the obligor and his/her employer was( )

terminated after said property disclosure date4 When the order set forth in paragraph 1 or paragraph 2 has been issued,( ) ( ) ( )

said order or, for the order set forth in paragraph 2 , said order and a copy of( ( )

the document set forth in said paragraph shall be served upon the obligor.)

5 An appeal against a disposition of execution may be filed against a judicial( )

decision on the petition set forth in paragraph 1 or paragraph 2 .( ) ( )

6 The order set forth in paragraph 1 or paragraph 2 shall not be effective( ) ( ) ( )

until it becomes final and binding.

( )Article 198 Designation of the Date and Summons for the Date1 An execution court shall designate the property disclosure date when the order( )

set forth in paragraph 1 and paragraph 2 of the preceding Article has become( ) ( )

final and conclusive.2 The following persons shall be summoned for the property disclosure date:( )

i The petitioner( )

ii The obligor or, if the obligor has a statutory agent, said statutory agent, and( ) (

if the obligor is a juridical person, its representative person

( )Article 199 Property Disclosure Date( ) ( ( )( )1 A person obliged to disclose meaning the person set forth in paragraph 2 iiof the preceding Article; the same shall apply hereinafter shall appear on the)

property disclosure date and make a statement on the property excluding the(

movables set forth in Article 131 i or ii of the obligor.( ) ( ))

2 The statement set forth in the preceding paragraph shall clearly indicate the( )

matters necessary for filing a petition for compulsory execution under theprovisions of Chapter II, Section 2 or exercise of a security interest under theprovisions of the preceding Chapter and other matters specified by the Rules of theSupreme Court as those required to be disclosed to the petitioner, with regard to

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the property subject to the statement.3 An execution court may ask questions to the person obliged to disclose on the( )

property disclosure date.4 A petitioner may appear on the property disclosure and, in order to clarify the( )

status of the property of the obligor, ask questions to the person obliged to disclose,by obtaining the permission of the execution court.5 An execution court may implement the procedure on the property disclosure date( )

even if the petitioner does not appear.6 The procedure on the property disclosure date shall not be made public.( )

7 The provisions of Article 195 and Article 206 of the Code of Civil Procedure shall( )

apply mutatis mutandis to the provisions of the preceding paragraphs, and theprovisions of Article 201 1 and 2 of said Act shall apply mutatis mutandis to a( ) ( )

person obliged to disclose.

( )Article 200 Partial Exemption from the Obligation of Statement1 Notwithstanding the provisions of paragraph 1 of the preceding Article, a( ) ( )

person obliged to disclose who has disclosed part of the property of the obligor onthe property disclosure date shall not be required to make a statement on theremaining property, if the permission of the execution court has been obtained, incases where the consent of the petitioner has been obtained or in cases where it isobvious that the hindrance to full performance of the monetary claim set forth inArticle 197 1 or the secured claim set forth in the items of paragraph 2 of said( ) ( )

Article has been eliminated through said disclosure.2 An appeal against a disposition of execution may be filed against a judicial( )

decision on the petition for the permission set forth in the preceding paragraph.

Article 201 Restriction on Inspection, etc. of the Record of a Property Disclosure(

)CaseOnly the following persons may make a request under the provisions of Article 17

for the portion of the record of a property disclosure case that relates to the propertydisclosure date:

i The petitioner( )

ii An obligee who has an enforceable authenticated copy of a title of obligation( )

excluding that of which the title of obligation is the one set forth in Article 22(

ii , iii -2, iv or v or a demand for payment that has the same effect as a( ) ( ) ( ) ( )

final and binding judgment for a monetary claim against the obligor)

iii An obligee who has submitted a document proving that he/she has a general( )

statutory lien in the property of the obligoriv The obligor or the person obliged to disclose( )

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Article 202 Restriction on Use of Information on a Property Disclosure Case for an(

)Unintended Purpose1 A petitioner shall not use or provide information on the property or obligation of( )

the obligor, which has been obtained in a property disclosure procedure, for apurpose other than for exercising the claim against said obligor according to itsmain objective.2 The person set forth in item ii or item iii of the preceding Article, who has( ) ( ) ( )

obtained information on the portion of the record of a property disclosure case thatrelates to the property disclosure date, shall not use or provide said information fora purpose other than for exercising the claim against the obligor of said propertydisclosure case according to its main objective.

Article 203 Application Mutatis Mutandis of the Provisions on Compulsory(

)Execution and Exercise of a Security InterestThe provisions of Article 39 and Article 40 shall apply mutatis mutandis to a

property disclosure procedure based on an enforceable authenticated copy of a title ofobligation, the provisions of Article 42 excluding paragraph 2 shall apply( ( ))

mutatis mutandis to a property disclosure procedure, and the provisions of Article182 and Article 183 shall apply mutatis mutandis to a property disclosure procedurebased on a general statutory lien.

Chapter V Penal Provisions

( )Article 204 Crime of Damaging a Written Public Notice, etc.A person who falls under either of the following items shall be punished by

imprisonment with work for not more than one year or a fine of not more than onemillion yen:

i A person who has damaged a written public notice or any other sign( )

excluding the seal or the mark of seizure prescribed in Article 96 of the Penal(

Code posted by a court execution officer for the purpose of giving public notice)

based on an order under the provisions of Article 55 1 limited to the portion( ) (

pertaining to item i , Article 68-2 1 or Article 77 1 limited to the portion( )) ( ) ( ) (

pertaining to item i including the cases where these provisions are applied( )) (

mutatis mutandis pursuant to Article 121 including the cases where it is[

applied mutatis mutandis pursuant to Article 189 including the cases that are(

to be governed by such rules pursuant to the provisions of Article 195 and)]

Article 188 including the cases that are to be governed by such rules pursuant[

to the provisions of Article 195 or Article 187 1 including the cases that are]) ( ) (

)to be governed by such rules pursuant to the provisions of Article 195ii A person who has damaged a written public notice or any other sign posted by( )

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a court execution officer for the purpose of giving public notice pursuant to the( ) ( )provisions of Article 168-2 3 or 4

( )Article 205 Crime of Refusing to Make a Statement, etc.1 A person who falls under either of the following items shall be punished by( )

imprisonment with work for not more than six months or a fine of not more thanfive hundred thousand yen:i A person who has failed to appear or refused to make a statement or has made( )

a false statement, without justifiable grounds, on the date of interrogation onwhich he/she was summoned by the execution court with regard to an order onthe standard sales priceii A person who has failed to make a statement or refused to present a document( )

or has made a false statement or presented a document containing a falsestatement, without justifiable grounds, in response to a question asked by or arequest for submission of a document made by a court execution officer under theprovisions of Article 57 2 including the cases where it is applied mutatis( ) (

mutandis pursuant to Article 121 including the cases where it is applied[

mutatis mutandis pursuant to Article 189 including the cases that are to be(

governed by such rules pursuant to the provisions of Article 195 and Article)]

188 including the cases that are to be governed by such rules pursuant to the[

])provisions of Article 195iii An obligor or a third party possessing the real property, etc. prescribed in( )

Article 168 2 who has failed to make a statement or refused to present a( )

document or has made a false statement or presented a document containing afalse statement, without justifiable grounds, in response to a question asked byor a request for submission of a document made by a court execution officerunder the provisions of said paragraph

2 A possessor of real property excluding any fixtures on land that are not( ) (

registrable; hereinafter the same shall apply in this paragraph whose title to)

possession may not be duly asserted against the obligee effecting a seizure, theobligee effecting a provisional seizure or the person whose right shall beextinguished pursuant to the provisions of Article 59 1 including the cases( ) (

where it is applied mutatis mutandis pursuant to Article 188 including the cases[

])that are to be governed by such rules pursuant to the provisions of Article 195has, without justifiable grounds, refused or obstructed entry to real property underthe provisions of Article 64-2 5 including the cases where it is applied mutatis( ) (

mutandis pursuant to Article 188 including the cases that are to be governed by[

such rules pursuant to the provisions of Article 195 , he/she shall be punished by])

a fine of not more than three hundred thousand yen.

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( )Article 206 Cases Subject to Punishment by a Non-Penal Fine1 The cases listed in the following items shall be subject to punishment by a( )

non-penal fine of not more than three hundred thousand yen:i When a person obliged to disclose has, without justifiable grounds, failed to( )

appear on the property disclosure date on which he/she was summoned by theexecution court or refused to swear under oath on said property disclosure dateii When a person obliged to disclose who has sworn under oath on the property( )

disclosure date has, without justifiable grounds, failed to make a statement ormade a false statement with regard to the matters to be stated pursuant to the

( ) ( )provisions of Article 199 1 to 42 A person who has, in violation of the provisions of Article 202, used or provided( )

the information set forth in said Article for a purpose other than the purposeprescribed in said Article shall be punished by a non-penal fine of not more thanthree hundred thousand yen.

( )Article 207 Jurisdiction, etc.A case on the non-penal fine prescribed in the preceding Article shall be under the

jurisdiction of the execution court.

Civil Execution Act Act No. 4 of 1979...

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